Shahrukh Khan @ S.K. Khan Vs State of Chhattisgarh

This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989') has been preferred against the order dated 16.01.2024 by which learned Special Judge, (Atrocities), North Bastar Kanker, Chhattisgarh, District-Koriya, Chhattisgarh rejected application of appellant for grant of regular bail in connection with Crime No.447/2023 registered at Police Station Kanker, District-Kanker, Chhattisgarh for commission of offence punishable under Sections 384, 506 of the Indian Penal Code (IPC) and Section 3 (1) (R & 3(2)(VA)) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 (for brevity 'the Act of 1989').

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This is second appeal for grant of bail. First appeal was dismissed as withdrawn with liberty to renew the prayer at appropriate stage.

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After withdrawal of first bail application, charge-sheet has been filed on 17.1.2024 and thereafter this appeal is filed for grant of bail.

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Case of prosecution, in brief, is that the complainant/victim consumed poison leaving behind a suicidal note mentioning that the appellant projected himself to be a News Reporter and under threat demanded Rs.20 lakhs from him. Victim was immediately taken to the hospital where he remain admitted from 2.11.2023 to 18.11.2023. After recovery, his statement under Section 161 of CrPC was also recorded. Report was lodged in the concerned police-station based upon which, aforementioned crime was registered and after completion of investigation, charge-sheet has been filed.

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Learned counsel for the appellant submits that appellant has not committed any offence as alleged. He submits that except the oral allegation made against appellant that he is extorting money, there is no other material available against him in the entire charge-sheet. Bald allegation has been levelled against the appellant of abusing and intimidating the victim to humiliate him on the ground of he belongs to Scheduled Caste Community. Applicant was arrested on 23.11.2023 and he is suffering pre-trial detention for the last about five months

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Learned State counsel opposing submissions made by counsel for appellant, submits that specific allegation has been made in the suicidal note and also in the statement recorded under Section 161 of CrPC.

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Pursuant to notice issued by this Court, complainant/victim is virtually present from the Help Desk of DLSA Kanker and stated that he has objection in grant of bail to the appellant.

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I have heard learned counsel for both the parties.

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Taking into consideration the facts and circumstances of the

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case, nature of allegation, period of detention submission of counsel for respective partis, there is no other criminal antecedent against the appellant and the fact that chargesheet has been filed, I am of the view that impugned order of learned Court below is not sustainable .

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Accordingly, the appeal is allowed, order passed by the Court below is set aside and it is directed that appellant shall be released on regular bail on his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of trial Court concerned on the conditions that;

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