Allowed

Ankesh Tiwari v. State of Chhattisgarh

Chhattisgarh HC10 Aug 2023CRA/1043/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed a bail appeal filed under the SC/ST (Prevention of Atrocities) Act. Considering over three months of pre-trial detention and the enlargement of co-accused, the court directed the release of the appellant on a personal bond.

What did the court decide?

Appellant released on bail subject to furnishing a personal bond for Rs.50,000 with one surety in the like amount.

Ankesh Tiwari Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CRA No. 1043 of 2023

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Ankesh Tiwari S/o Arvind Tiwari Aged About 25 Years R/o Ward No. 10, Main Road, Pratappur, P. S. Pratappur, District Surajpur Chhattisgarh

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---- Appellant Versus

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State of Chhattisgarh Through Police Station Balrampur, Civil And Revenue District Balrampur-Ramanujganj Chhattisgarh

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---- Non-appellant

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For Appellant : Mr. Shobhit Koshta, Advocate. For Non-applicant : Mr. Lalit Kumar Jhangde, Dy. G.A.

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order On Board

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10.08.2023

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Heard.

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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 bail, as he is in jail since 17.04.2023 in connection with Crime No.162/2021 registered at Police Station Balrampur for the offence punishable under Sections 147, 148, 149, 294, 506, 323, 452, 364 of the IPC and Section 3(2) (v-a) of the S.C./S.T. Act.

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Prosecution case, in brief, is that complainant Sanjeet Ram lodged an FIR on 3.9.2021, in the evening at 6:25 p.m., alleging that on 1.9.2021 at about 9:00 p.m., when he was speaking to the present appellant on his mobile phone regarding mobile recharge, during the course of conversation, the present appellant gave his mobile phone to one of his friends, who abused the complainant over phone. Thereafter, at about 12:30 am, the present appellant along with 6-7 other co-accused came in a Scorpio Vehicle to the house of the

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complainant and entered his house. Thereafter, one of the coaccused beat the complainant with a stick. The accused persons also extended life threat to the complainant and forcibly took him out of the house and made him sit in the Scorpio vehicle.

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Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the case. He further submits that co accused Vikram Pratap Singh and Jaynath have been enlarged on regular bail in CRA No. 1450/2022 vide order dated 17.10.2022 and the case of the present appellant is no different from them. Hence, learned counsel prays to release the appellant on regular bail on the principle of parity.

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On the other hand, learned counsel for the State opposes the prayer for bail. He submit that with regard to release of the co-accused, who have been granted bail on 17.10.2022, the complainant has not raised any objection but with regard to the present appellant, he has raised objection.

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Having considered the submissions of learned counsel for the parties and also considering the role of the present applicant particularly considering that the other co-accused have been enlarged on bail and further considering the pre-trial detention of the appellant, which is more than 3 months and 15 days, I am of the opinion that the present is a fit case to

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enlarge the appellant on bail.

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Accordingly, the appeal is allowed and the appellant is directed to be released on bail on his furnishing a personal bond for a sum of Rs.50,000/- with one surety in 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.

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Certified copy as per rules.

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Sd/-

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(Narendra Kumar Vyas) Judge

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Vaishali

Ankesh Tiwari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Ankesh Tiwari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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