Nikhil Rao vs State Of Chhattisgarh

The Appellant has preferred this Appeal being aggrieved by the order dated 13.10.2022 passed by the Special Judge (SC/ST Act), Dhamtari whereby the learned Special Judge has rejected the application preferred by the appellant under Section 439 of the CrPC for grant of bail, as the appellant has been arrested in connection with Crime No.191/2021, registered at Police Station Magarlod, District Dhamtari for offence under Sections 294, 323, 506, 341, 147, 148, 149, 427, 324, 307 of the IPC; Sections 25 & 27 of the Arms Act and Section 3(1)(R), 3(1)(s), 3(2)(v-a) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Case of the prosecution is that an FIR was lodged by injured Champu alleging that on 1.8.2021 at about 3 pm the present appellant, Chandan Jain, Kapil Thakur, Manish Nishad and others had threatened him and his friends, used filthy language and also assaulted him with iron rod and knife.

Learned counsel for the appellant would submit that the appellant is in jail since 30th September, 2021. Other co-accused namely, Manish Nishad has already been enlarged on bail vide order dated 30.6.2022 passed in CrA No.630/2022 and the bail of the present appellant has been rejected on the ground that the present appellant was having criminal antecedent pertaining to the year 2014. However, the present appellant has been acquitted in the said case vide judgment dated 12.10.2017 passed by the Additional Sessions Judge, Gariyaband in ST No.16/2016. Copy of the judgment has been annexed with the appeal. He further submits that the injured has been examined and he has made general and omnibus statements against all the accused persons. He also submits that no injury was caused on the vital part of the body of the victim. Therefore, learned counsel prays to allow the appeal and release the appellant on bail.

On the other hand, learned State Counsel opposes the prayer for grant of bail and submits that injured Champu Navrange has also endorsed his objection on the notice itself.

Considering the submissions of the parties, particularly considering the detention period of the appellant and the fact that the injured has already been examined, conclusion of trial may take some more time for its disposal and without further commenting on the merits of the case, I am inclined to grant bail to the appellant.

Accordingly, the Appeal is allowed and the appellant is directed to be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one surety for the like amount to the satisfaction of the trial Court. He is directed to appear before the trial Court on each and every date given by the said Court.