Allowed

Vimal Jain v. State of Chhattisgarh

Chhattisgarh HC9 Apr 2024CRA/486/2024

Case brief

AI extract

What is this about?

Appeal under Section 14-A of the SC/ST (Prevention of Atrocities) Act against rejection of regular bail in a case of cheating by promising government jobs. Considering detention period, charge-sheet filing and appellant's documented disability and paraplegia-related hospitalisations, bail was granted.

What did the court decide?

Appellant to be released on regular bail on furnishing bond of Rs.25,000 with one like surety, subject to conditions; impugned order dated 16.02.2023 set aside.

Vimal Jain Vs State of Chhattisgarh — Caste Atrocities | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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CR.A. No. 486 of 2024

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1- Vimal Jain S/o Mr. Jhaduram Jain Aged About 45 Years, R/o Vill. Sidesar, P.S. Kanker, Distt. North Bastar Kanker, Chhattisgarh

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---- Appellant

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Versus 1- State Of Chhattisgarh, Through P.S. Charama, Distt. North Bastar Kanker, Chhattisgarh

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---- Respondent

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For Appellant : Mr. Chandradeep Prasad, Advocate For Respondent/State : Mr. Pramod Shrivastava, Dy. Govt. Advocate

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Hon'ble Shri Justice Parth Prateem Sahu Order On Board

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10/04/2024

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Appellant has filed this appeal under Section 14 (A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Hereinafter referred to as “the Act of 1989”) for grant of regular bail as he has been arrested in connection with Crime No.246/2022, registered at Police Station – Charama, District North Bastar Kanker for offence punishable under Section 420, 294, 506 of the Indian Penal Code and Section 3 (1) (S) of the Act of 1989.

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Case of the prosecution in brief is that on 20.12.2022 a report was lodged by complainant Prit Ram Netam, who is member of scheduled caste community alleging that applicant has obtained

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total Rs.11,48,000/- from complainant and four other persons on the pretext that he will provide government job to his daughter and son in the Railway. However, when the government job was not provided, complainant along with other approached the applicant demanding their money, upon which, applicant abused the complainant with filthy language and threatened to kill him. Based on the report, aforementioned crime was registered against applicant and he was arrested on 20.07.2023.

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Pursuant to the notice issued by this Court, complainant appeared before this Court through virtual mode from DLSA, Kanker and raised objection in grant of bail to appellant.

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Learned counsel for appellant submits that appellant has been falsely implicated in this case. He has not committed any offence as alleged and he has been inculpated in the crime due to old enmity. He has never taken any amount from the complainant or any other person. It is contended that applicant is suffering from muscle crimps in both upper and lower limbs and he was admitted in the hospital. He is suffering with disability and unable to move of his own. Charge-sheet in this case has been filed and no further custodial interrogation of appellant is required. Applicant is in jail since 20.07.2023. Therefore, he may be enlarged on regular bail.

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Learned counsel for State opposes the submission of learned counsel for applicant and would submit that applicant allured

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complainant and other persons that he will provide government job and obtained money from them. However, he do not dispute the submission of learned counsel for appellant with regard to his health condition and submits that appellant was admitted in District Hospital, Kanker on 05.02.2024 and was discharged on 13.02.2024. He placed before this Court letter of S.H.O., Police Station Charama, District North Bastar Kanker dated 07.04.2024.

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

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On the last date of hearing, this Court to appreciate the submission of learned counsel for applicant with regard to applicant suffering with medical ailment, directed State counsel to seek instruction. He placed before this Court letter dated 07.04.2024 for perusal. In the letter it is mentioned applicant 42 years of age was issued disability certificate by Government Hospital, Kanker dated 13.09.2019. He was admitted to hospital on 21.12.2023 and discharged on 23.12.2023. He was again admitted on 05.02.2024 and discharged on 13.02.2024. Documents annexed also mentions weakness in both lower limb. It also mentions Hepatitis improved, complain paraplegia. Advised for neurologist opinion at higher center.

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Considering the facts and circumstances of the case, nature of allegation, material available in the charge-sheet, period of pretrial detention of applicant, his health condition, charge-sheet in

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this case has been filed, without commenting anything on the merits of the case, I am inclined to allow this appeal.

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Accordingly, appeal is allowed. Impugned order passed by learned Court below on 16.02.2023, is set-aside. It is directed that the appellant shall be released on regular bail upon his furnishing a bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court below on the conditions that:-

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a). Appellant shall appear before the trial Court regularly on each and every date, unless exempted from appearance.

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(b). Appellant shall not, in any manner, tamper with the prosecution witnesses.

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c). If appellant is found involved in similar offence in the future, it will be open for the State to apply for cancellation of Bail.

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Certified copy as per rules.

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Sd/-

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(Parth Prateem Sahu) Judge

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Balram

Vimal Jain v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Vimal Jain v. State of Chhattisgarh

Case brief

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