Bhojram Patel @ Bhoju v. State of Chhattisgarh
Case at a glance
Outcome
Allowed
Accordingly, the appeal is allowed and the impugned order is set-aside
Provisions considered
Key paragraphs
- Para 99. Accordingly, the appeal is allowed and the impugned order is set-aside.
Judgment
Mr. Purnendra Khichariya, Advocate Mr. Pranjal Shukla, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 21/01/2025
The instant appeal under Section 14-A (2) of the Schedule Caste and Schedule Tribe Prevention of Atrocities Act, 1989 has been filed by the appellant being aggrieved by the impugned order dated 21/10/2024 passed in Special Sessions Case No.08/2024 by the learned Special Judge (S.C. S.T. Prevention of Atrocities Act) Durg, District Durg, C.G. whereby the application under Section 483 of B.N.S.S. of the appellant has been rejected.
The appellant has preferred this appeal for grant of regular bail as he is arrested in connection with Crime No.69/2024 registered in Police ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA 16:19:14 +0530 Station Bori, District Durg (C.G.) for offence punishable under sections 296, 115 (2), 75 (2) B.N.S. and under Section 3 (1) (c) (?k) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
Case of the prosecution in brief is that the victim lodged a report in the Police Station Bori alleging that on 04/08/2024 at about 5.00 PM when she was going along with her sister in village Temple at that time in the mid way the appellant snatched them and assaulted them. Thereafter, on the basis of the report, the appellant was arrested.
Learned counsel for the appellant would submit that the appellant has been falsely implicated in this case because as per the MLC report no any injury was found on the body of the prosecutrix. He would next contend that the appellant is a tender aged boy and because of long pretrial detention he would be mentally harassed. He would lastly therefore submit that the appellant may be enlarged on bail.
Per contra, learned State counsel opposes the prayer for grant of bail and would submit that there are certain previous criminal antecedents against the present appellant.
On 13/01/2025 the prosecutrix along with her father appeared before this Court through video conferencing from the conerned DLSA and she raised objection for grant of bail to the appellant.
I have heard learned counsel for the parties at length and perused the record.
Considering the fact that the charge-sheet in this case has been filed and it will take time to conclude the trial and the appellant is in jail since 25/09/2024, therefore, considering the pre-trial detention and also considering the allegations leveled against the appellant, I am inclined to release the appellant on bail.
Operative part
Accordingly, the appeal is allowed and the impugned order is set-aside.
Let appellant Bhojram Patel @ Bhoju, involved in Crime No.69/2024 registered in Police Station Bori, District Durg (C.G.) for offence punishable under sections 296, 115 (2), 75 (2) B.N.S. and under Section 3 (1) (c) (?k) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, be released on bail on his furnishing a personal bond with two sureties each in like amount to the satisfaction of the Court concerned with the following conditions:- (i) The appellant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) the appellant shall remain present before the trial Court on each date fixed, either personally or through their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023. (iii) In case, the appellant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS, 2023 is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 2023. (iv) The appellant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023. If in the opinion of the trial Court absence of the appellant is deliberate or without sufficient cause, then it shall be open for the trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. (v) The appellant shall not try to contact with the prosecutrix witnesses.
Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the appeal is allowed and the impugned order is set-aside
Which statutory provisions did this judgment involve?
Tribe Prevention of Atrocities Act, 1989; Special Judge S.C. S.T. Prevention of Atrocities Act; Bharatiya Nagarik Suraksha Sanhita, 2023 — ss. 84, 351, 483; Bharatiya Nyaya Sanhita, 2023 — ss. 75(2), 115(2), 296; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.