Sandeep Kuma vs State Of Chhattisgarh

This Criminal Appeal has been filed under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth ‘the SC/ST Act’) against the order dated 27.10.2022 passed by the Special Judge, SC/ST ACT, Balrampur, Ramanujganj for grant of anticipatory bail to the Appellants, who are apprehending their arrest in connection with Crime No.320/2022 registered at Police Station Ramanujganj, District Balrampur-Ramanujganj (CG) for the offence punishable under Sections 186, 353, 332, 294 and 506/34 IPC as also under Sections 3(1)(r)(s) of the SC/ST Act.

Case of the prosecution is that Complainant Sanjay Kumar Grayakar, who is posted as Executive Engineer at Water Resources, Division No.2, Ramanujganj had lodged a written complaint alleging that on 13.09.2022 when he reached the porch of his office, the present Appellants already present therein, caught hold of his collar, abused him in filthy language, made a caste based remark and also threatened to kill him and torn the official documents after snatching the same from his hands, therefore, the aforesaid offence has been registered against them.

Smt Ansari, learned counsel for the Appellants submits that the Appellants are innocent and have been falsely implicated in the crime in question. She further submits that there is a pending bill of Rs.70 lacs over 2 years to be paid to Appellant No.1 as also of Rs.90 lacs to be paid to Appellant No.2 and they were continuously asking Respondent No.2/Complainant to clear the same. She further submits that Respondent No.2/Complainant is indulged in corrupt practices and also utilized Government funds, which were allotted for land acquisition and he told Appellant No.1 that he will transfer money to the tune of Rs.20 lacs in his or any of his family members’ account or through RTGS and will intimate the same after doing so and will also clear all the arrears and will not charge 30% commission also for clearing the said bills. She further submits that on the said assurance given by Respondent No.2/Complainant, Appellant No.1 had provided the account number of his wife and thereafter, Respondent No.2/Complainant had transferred 20 lacs in his wife’s account and later on i.e 15.06.2022, Appellant No.1 transferred Rs.10 lacs in the account of his brother-in-law (bahnoi) namely Sheetal Kumar and further on the same day, he had transferred Rs.10 lacs to one of his relatives’ account namely Sushil Kumar Kurrey and on 13.06.2022 and 14.06.2022, upon being asked by Respondent No.2/Complainant, Appellant No.1 has transferred Rs.50,000/- twice i.e. total Rs.1 lac to the real brother of Respondent No.2/Complainant from his wife’s account on 14.06.2022 and on 16.06.2022, from his account, he had transferred money to the tune of Rs.50,000/- and Rs.10,000/- and thus, Respondent No.2/Complainant had not cleared the outstanding dues and has been insisting for 30% commission of the outstanding payment also, therefore, Appellant No.1 had given a written complaint to SHO, Ramanujganj on 21.09.2022 about the said conduct of Respondent No.2/Complainant, thereafter, Respondent No.2/Complainant has lodged the instant FIR and roped the present Appellants in a false case. She further submits that the Bank slips pertaining to the transfer of said amounts have also been annexed herewith and prays that the Appellants may be extended the benefit of anticipatory bail.

Per contra, learned Counsel for the State opposed the bail application. However, learned Counsel for the Complainant supported the prayer for bail and stated in his reply that heated arguments took place between the parties and has specifically stated that the Appellants have neither abused Respondent No.2/Complainant with regard to his caste nor have assaulted him and Respondent No.2/Complainant has also sworn an affidavit in support of his reply.

Considering the facts and circumstances of the case, the submissions put forth by learned Counsel for the parties, particularly considering that there is serious allegation against Respondent No.2/Complainant by the Appellants who were working in the said Department and Respondent No.2/Complainant had demanded illegal money to the tune of 30% commission for clearing outstanding bills and even to settle some amount, he had transferred money in the account of the Appellants and thereafter, the said amount has been transferred to various accounts of his relatives and further considering that Respondent No.2/Complainant himself has sworn an affidavit and specifically stated that no such incident of assault took place and no caste based remarks were made by the Appellants, therefore, considering the backdrop of the case as also the fact that the Appellants have not misused the liberty granted to them by this Court vide order dated 02.1.2023, this Court finds appropriate to extend the benefit of anticipatory bail to the present Appellants.

Accordingly, the application is allowed and it is directed that in the event of arrest of the Appellants, on executing a personal bond for a sum of Rs 25,000/- with one surety each in the like sum to the satisfaction of the arresting Officer, they shall be released on bail and they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial and shall not involve themselves in any offence of similar nature in future.

Before parting with the case, considering that serious allegations have been levelled against Respondent No.2/Complainant, therefore, learned State Counsel is directed to forward a copy of this order along with the complaint made by Appellant No.1- Sandeep Kumar to SHO, Ramanujganj with all the annexures to the Secretary of the concerned Department for adopting administrative measures.