Allowed

Veer Singh v. State of Chhattisgarh

Chhattisgarh HC3 Oct 2023CRA/1498/2023

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an appeal against bail rejection under the SC/ST (Prevention of Atrocities) Act, 1989. The Court noted the appellant's lack of seized evidence against him and absence of criminal antecedents, directing his release on personal bond with a local surety.

What did the court decide?

Appellant released on bail on executing a personal bond for Rs. 25,000 with one local surety for the like amount.

Veer Singh Vs State of Chhattisgarh — Cheque Dishonour | Chhattisgarh HC (2023)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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Criminal Appeal No. 1498 of 2023

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Veer Singh, S/o Bhojram, Aged About 32 Years, R/o Village Raseda, P.S.- Balodabazar, District- Balodabazar-Bhatapara (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.- Pachpedi, District- Bilaspur (C.G.).

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---- Respondent

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For Appellant : Mr. Akhtar Hussain, Advocate. For State/Respondent : Mr. H. S. Ahluwalia, Deputy A.G.

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Hon'ble Shri Justice N. K. Chandravanshi

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Order on Board

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03.10.2023

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1. The appellant has preferred this appeal under Section 14A (2) of the Scheduled Caste/Scheduled Tribes Prevention of Atrocities Act, 1989 (hereinafter referred to as the Act of 1989), as he has been arrested in connection with Crime No.249/2022, registered at Police Station Pachpedi, District Bilaspur (C.G.) for the offence punishable under Sections 294, 323, 506, 307, 201, 302, 120 B, 34 of Indian Penal Code, 1860 and Section 3 (2) (v) of the Act of 1989.

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2. Facts of the case in brief are that on 09.10.2022, Nand Kishore Sahu and Bhupendra Singh Porte went to the beetle shop of complainant at about 9:00 pm, they knocked the door and got opened the same by complainant. Those accused persons purchased Rajshri Guthkha, which was given by the

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complainant, subsequently she asked for money, then Nand Kishore Sahu and Bhupendra Singh Porte abused her and by hearing noise other family members along with Anish, son of the complainant also came there, thereafter Bhupendra Singh Porte abused and threatened them and fired upon Anish and he again tried to fire upon husband of complainant, but that fire could not trigger. Thereafter those 2 persons fled from the spot and reached the house of the present appellant, from where present appellant took them on his motorcycle and dropped them at the Railway Station Bhatapara. Based on above facts, present crime has been registered against Nand Kishore Sahu and Bhupendra Singh Porte and subsequently name of the present appellant was also added, as he helped the main accused persons in fleeing away.

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3. Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the crime in question. It is further submitted that the appellant has never been involved in the alleged crime and was not aware about the crime committed by Nand Kishore Sahu and Bhupendra Singh Porte, hence on being asked by them, he dropped them at Railway Station Bhatapara. It is further submitted that applicant is in jail since 11.10.2022 and conclusion of trial may take some time, hence he may be enlarged on bail.

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4. Per contra, learned State counsel opposes the bail application and submits that appellant has been actively involved in the alleged crime, as he hatched conspiracy along with two other accused persons, thereafter those two accused persons purchased pistol from Lucknow (U.P.) and vide that pistol

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present crime has been committed and subsequently present appellant dropped them at Railway Station, so that police could not catch them. Hence the appeal of the appellant is liable to be dismissed.

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5. I have heard learned counsel for the parties and perused the case diary carefully.

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6. Having heard learned counsel for the parties, having regard to the facts of the case, particularly considering the act of the appellant, who is said to be the person who dropped the main accused persons at railway station and nothing has been seized from the possession of the present appellant to implicate him in the crime in question and to show his involvement in the crime in question and further he is in jail since 11.10.2022 and there is no criminal antecedents against the present appellant, I am inclined to release the appellant on bail.

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7. Accordingly, the appeal is allowed. It is directed that the appellant shall be released on bail on his executing a personal bond for a sum of Rs.25,000/- with one local surety for the like amount to the satisfaction of the trial Court for his appearance before the said Court as and when directed.

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Deepti Jha

Veer Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Veer Singh v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

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