Dismissed¶¶22

Manoj Kumar Rajwade v. State of Chhattisgarh

Chhattisgarh HC6 Jan 2025CRA/1308/2024

Case brief

AI extract

What is this about?

Chhattisgarh High Court, Bilaspur; CRA No. 1308 of 2024; decided 07/01/2025 by Arvind Kumar Verma, J. Bail refusal — appeal under S.14-A(2) SC/ST (Prevention of Atrocities) Act, 1989 against rejection of S.439 Cr.P.C. bail application; offences S.302 IPC and S.3(2-v) Act of 1989; Crime No.142/2023, P.S. Ajak Bhatgaon, District Surajpur; accused/appellant Manoj Kumar Rajwade; deceased Arjun Sonhale; complainant Phuleshwar Ram; appeal dismissed; trial court directed to expedite trial.

What did the court decide?

Considering the entire facts and circumstances of the case, nature of allegation, submissions of counsel, statements of the prosecution witnesses, the post-mortem report and injuries of the deceased, the Court was not inclined to allow the appeal. ¶¶21

Manoj Kumar Rajwade Vs State of Chhattisgarh — Murder and Culpable Homicide | Chhattisgarh HC (2025)

2025:CGHC:1193

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1308 of 2024

¶5

Manoj Kumar Rajwade S/o Jagarnath Rajwade Aged About 36 Years Caste Rajwar, R/o Village Baniyatikari, Baijnathpur, Police Station Bhatgaon, District Surajpur, Chhattisgarh.

¶6

... Appellant

¶7

versus

¶8

State Of Chhattisgarh Acting Through Officer-In-Charge, Police StationAjak Bhatgaon, District Surajpur, Chhattisgarh

¶9

--- Respondents

¶10

For Appellant : Mr. Aman Ansari, Advocate. For Respondent-State : Ms. Pragya Shrivastava, Dy. GA.

¶11

Hon'ble Shri Justice Arvind Kumar Verma

¶12

Order on Board

¶13

07/01/2025

¶14

This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989') is filed against impugned rejection order dated 31.05.2024 (Annexure A-1) passed by learned Special Judge, (Atrocities), Surajpur, (CG) whereby appellants' application filed under Section 439 of Cr.P.C for grant of bail is rejected.

¶15

Appellant is in jail since 04.11.2023 in connection with Crime No.142/2023 registered at Police Station -Ajak Bhatgaon, DistrictSurajpur, Chhattisgarh, for the offence punishable under Sections 302 of the Indian Penal Code and Section 3(2-v) of the Act of 1989.

¶16

¶17

Case of prosecution, in brief, is that complainant Phuleshwar Ram (uncle of deceased) lodge report to the concerned Police Station stating that on 03.11.2023, present appellant has assaulted his nephew Arjun Sonhale (deceased) by means of stones, due to which, he suffered grievous injuries on his head and face and died. Based upon report, FIR was registered against the appellant and he has been arrested.

¶18

Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. PW-1/Kaushalya, who stated to be eye witness of this case, has not supported the case of the prosecution. The appellant was provoked by the deceased and while he was protecting himself, he pushed the deceased, due to which, he fell down and suffered injuries resulted into his death. There is no any other previous criminal antecedent against the appellant. Appellant is in jail since 04.11.2024, charge-sheet has been filed, conclusion of trial may take time, hence, appellant may be released on bail.

¶19

Learned State Counsel opposing submission of counsel for the appellant submits that serious allegation has been levelled against the appellant, hence, he is not entitled for grant of bail.

¶20

Heard counsel for respective parties.

¶21

Considering entire facts and circumstances of case, nature of allegation, submissions of learned counsel for the parties, statements of the prosecution witnesses, further considering the post-morterm report and injuries of the deceased, I am not inclined to allow this appeal.

¶22