Gendram Yadav VsState Of Chhattisgarh

Heard.

The appellant has preferred this appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short “the S.C./S.T. Act”), for grant of anticipatory bail, since he is apprehending his arrest in connection with Crime No.197/2022 registered at Police Station Bilha, District Bilaspur (CG) for the offence under Sections 147, 148, 149, 294, 323, 324, 325, 506, 458 of the IPC and Section 3(2) (v a) of the S.C./S.T. Act.

Prosecution case, in brief, is that complainant - Komal Shastri lodged an FIR on 2.8.2022 at about 22:15 hours at Police Station Bilha alleging that on the said date at about 8:00 p.m., when he and his nephew Sonu Shastri, Dhamendra Shastri, Mohit, Komal, Rajendra, Santosh and his other family members were sitting near his house, at that time, Bholi, Godda and Khelawan Yadav and their family members came there and also brought liquor with them. Thereafter, Manglu Yadav raised a quarrel on the ground that the money has not been returned and a dispute started. Bholi, Godda, Kilawan Yadav, Manglu, Gendram (appellant), Totwa and their other family members altogether started beating Dharmendra Shastri, Mohitram, Chanda Bai, Sonu, Komal, Rajendra and Santosh with club and tangia and caused injury to them and ultimately, they ran away. The complainant informed the Police about the incident and lodged an FIR, based upon which, an offence under Section 147, 148, 294, 323, 506 of the IPC was registered. On further investigation, Sections 324, 458 and 325 of the IPC and Section 3(2)(va) of the Atrocities Act were also added.

Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. The complainant party is the aggressor. He submits that Ramnaresh @ Mangluram Yadav ( co-accused) has also lodged FIR No.198/2022 at about 7:30 p.m. at Police Station Bilha, against the complainant party alleging that when the uncle of Ramnaresh Yadav namely Devchand Yadav had gone near the house of Dharmendra Shastri demanding liquor from Sonu Shastri, he started demanding money from him, on which, Devchand Yadav told him that he has already given money to his friend and on account of the said money dispute, Dharmendra Shastri starting beating Devchand Yadav. When the said incident was informed by one Gaukaran, the accused persons reached there to rescue Devchand Yadav and in that scuffle, Sonu Shastri and others caused injuries to Ramnaresh Yadav. Sonu Shastri blew a club on the head of Ramnaresh Yadav, on account of which, he sustained injury on his head. Rajendra Shastri also assaulted Ramprakash, Ramnaresh Yadav, Boondh Ram and Khilawan Yadav. He would further submit that the complainant party has been released on bail. He submits an offence has been registered against 16 accused persons on the compliant made by complainant Komal Shastri and out of them, 10 persons have already been enlarged on bail by the Court below. He also submits that Sandeep Yadav has also been granted interim bail by this Court. He further submits the alleged offence has not been committed on account of the caste of the complainant party. He further submits that the initial FIR has been registered under the bailable offence. Hence, considering all the aspects of the matter, the appellant may be extended the benefit of Section 438 of the Cr.PC.

On the other hand, learned counsel for the State as well as the complainant, who is present in person before this Court, oppose the prayer for bail. Learned State Counsel submits that there are three criminal antecedents of the appellant, one is registered under Sections 294, 506 & 323 of the IPC and two others are registered under the Preventive Action in the years 2016 and 2017 respectively. However, learned State Counsel fairly submits that except Rajendra Shastri, other persons have sustained simple injuries. Rajendra Shastri sustained fracture in his right hand.

Having considered the submissions of learned counsel for the parties, particularly considering the genesis of the incident i.e. with regard to demand of money for liquor, and further considering that the incident did not took place on account of the complainant(s) being a member of Scheduled Caste or Scheduled Tribe Community, and further considering  that the co-accused persons have already been enlarged on bail, I am of the opinion that the present is a fit case to extend the benefit of Section 438 of the Cr.P.C. to the applicant.

Accordingly, the appeal is allowed and it is directed that in the event of arrest of the appellant, he shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer on the following conditions:-

(a) he shall make himself available for interroga-tion by the concerned police officer as and when so required,

(b) he shall not directly or indirectly make any in-ducement, threat or promise to any person ac-quainted with the facts of the case so as to dis-suade him from disclosing such fact to the Court or to any police officer,

(c) he shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) after filing of the charge sheet, he shall ap-pear before the trial Court on each and every date given to him by the said Court till disposal of the trial,

(e) he shall not involve himself in any offence of similar nature in future.

Certified copy as per rules.