Allowed

Mohammad Hasan v. State of Chhattisgarh

Chhattisgarh HC25 Jan 2022CRA/1318/2021

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an appeal against the rejection of a bail application. The Court set aside the lower court's order and granted bail to the appellant, who was detained under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 354(A) IPC, subject to personal bond and specific conditions.

What did the court decide?

The appeal was allowed; the impugned order setting aside was made. The appellant was released on bail on a personal bond of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each.

Mohammad Hasan Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2022)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Proceeding through Video Conferencing

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CRA No. 1318 of 2021

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Mohammad Hasan, aged about 31 years, S/o Sabir Ahamad R/o Beside Vivek Dental Clinic TP Nagar Korba, District Korba (C.G.)

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---- Appellant

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Versus

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State Of Chhattisgarh Through Station House Officer, P.S. Kotwali, District Korba, Chhattisgarh

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---- Respondent For the Appellant : Dr. N.K. Shukla, Sr. Advocate with Shri Arjit Tiwari, Advocate For the State : Shri Adil Minhaj, Govt. Advocate For the Objector : None appeared.

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Hon'ble Shri Justice Gautam Chourdiya

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Order On Board

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25/01/2022

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Earlier the appellant has filed MCRC No. 7759/2021, which was dismissed as withdrawn by this Court on 01/10/2021 with liberty to file appropriate application before the appropriate Bench.

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This appeal by the accused/appellant under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 20/10/2021 passed by the Special Judge Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Korba (C.G.) in Special Case (STSC) No. 50/2021 rejecting the regular application of the appellant. The appellant is in jail since 23/08/2021 in connection with Crime No. 789/2021 for the offence punishable under Sections 354 (A) of Indian Penal Code and under Section 3(2)(VA) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 registered at Police Station Kotwali Korba, District Korba (C.G.).

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Allegation against the present appellant is that on 22/08/2021, when complainant went to palm mall accompanied by her sister thereafter on purchase of ticket entered into haunted house where the appellant

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along with his partner started abusing the complainant, touched her private parts and torn her clothes, on the basis of said complaint offence was registered against the present appellant.

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Learned counsel for the appellant submits that he is an innocent person and has been falsely implicated. There is no direct evidence showing involvement of the appellant in the crime in question. Learned counsel for the appellant further submits that charge-sheet has been filed, appellant is in jail since 23/08/2021 and conclusion of trial likely to take some time, therefore, the appellant release on bail.

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On the other hand learned State counsel opposes the bail.

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Considering the facts and circumstances of the case, the nature of allegation against the present appellant, charge-sheet has been filed, appellant is in jail since 23/08/2021, appellant has no criminal antecedent and there is no apprehension of the appellant tampering with the evidence or absconding as admitted by both the counsel and due to COVID 19 Panemic, conclusion of trial is likely to take some time for disposal, without commenting anything on merits of the case, the impugned order is set-aside and the appeal is allowed . It is directed that in the event of appellant executing a personal bond for a sum of Rs. 1,00,000/- with two sureties of Rs. 50,000/- each to the satisfaction of the concerned Trial Court, he shall be released on bail on the following conditions:-

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he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court,

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

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he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.

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he shall strictly follow the COVID-19 protocol issued by the Central Government / State Government / Local Authority.

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

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Let a copy of this order be forwarded to the concerned police station forthwith who shall inform the trial Court in the event of appellant involving himself in any offence in future.

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Sd/-

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(Gautam Chourdiya) Judge

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Kamde

Mohammad Hasan v. State of Chhattisgarh

Case brief

What is this about?

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Mohammad Hasan v. State of Chhattisgarh

Case brief

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What did the court decide?

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