Allowed

Ajay Kashyap v. State of Chhattisgarh

Chhattisgarh HC10 May 2022CRA/544/2022

Case brief

AI extract

What is this about?

In an appeal under the SC/ST Act, the High Court allowed bail to the accused who was in jail, noting a settlement and the stage of evidence reached, directing release on personal bond with sureties subject to certain conditions.

What did the court decide?

Bail granted on personal bond of Rs.25,000 with one surety for the like sum subject to conditions of appearance and no further offences.

Ajay Kashyap 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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CRA No. 544 of 2022

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Ajay Kashyap S/o Krishna Kashyap Aged About 34 Years R/o Lahpatra Police Station Lakhanpur District Surguja Chhattisgarh. Presently R/o Ghutrapara, Ahead Of Sunrise School Ambikapur District Surguja Chhattisgarh.

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--- Appellant.

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Versus

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State Of Chhattisgarh Through Station House Officer, P.S. Gandhinagar, District Surguja Chhattisgarh.

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--- Respondent.

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----------------------------------------------------------------------------------------------For Appellant/applicant : Mr. Nishikant Sinha, Adv. For Respondent/State : Mr. B.P. Banjare, Dy. G.A.

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Hon'ble Shri Justice Deepak Kumar Tiwari Order On Board

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10.05.2022

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The accused/appellant who is in custody since 28.08.2021 has filed this appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “the SC/ST Act”) for grant of bail in connection with Crime No.09/2022 registered at Police Station Gandhinagar, District Surguja for the offence punishable under Sections 294, 354(D), 427 of IPC and Section 3(i)(w)(ii) and 3 (2) (V) of the SC/ST Act, 1989.

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Case of the prosecution in nutshell is that prosecutrix lodged a report alleging in it that the applicant used to make phone calls to the prosecutrix and say that he loves her and wants to marry her and also use filthy language. Thereafter, on 31.12.2021 the applicant boke the wind shield glass of the car of the prosecutrix, therefore, the offence was registered under the aforesaid sections.

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Learned counsel for the appellant submits that accused/appellant is innocent and has been falsely implicated in the case. He submits that the

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settlement has been takes place between the applicant and prosecutrix, which is evident from the 164 Cr.P.C. statement of the prosecutrix recorded before the trial Court, the applicant is a 21 years of young boy, therefore, considering all these aspects he may enlarged on bail.

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Per contra, learned State counsel opposes the prayer for bail and fairly submitted that the 164 Cr.P.C. statement of the prosecutrix supports the case of the applicant. However, he further submitted that there are some previous criminal antecedents of the applicant, therefore, his application may be rejected.

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Having heard learned counsel for the parties and considering the facts and circumstances of the case and particularly the 164 Cr.P.C. statement of the prosecutrix, the nature of allegations and that the applicant is in jail since 02.02.2022, this Court is of the opinion that the accused/applicant can be granted bail.

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Accordingly, the appeal is allowed and it is directed that on applicant’s furnishing a personal bond in the sum of Rs.25,000/- with one surety for the like sum to the satisfaction of the concerned Court, the applicant shall be released on bail on the following conditions:-

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

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(b) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of case,

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Sd/-

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(Deepak Kumar Tiwari) Judge

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yasmin

Ajay Kashyap v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ajay Kashyap v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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