1 2025:CGHC:39919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1446 of 2025 1 - Likhesh Bargah S/o Lalit Bargah Aged About 28 Years. 2 - Pritam Bargah S/o Keshav Bargah Aged About 18 Years. 3 - Nikku @ Suryakant Thakur S/o Mithlesh Thakur Aged About 29 Years. All are R/o Village - Dhardei, Police Station - Patharia, District - Mungeli (C.G.) ... Appellants versus State Of Chhattisgarh Through Thana - Pathria, District - Mungeli (C.G.) ... Respondent(s) For Appellant : Mr. Uttam Pandey, Advocate assisted by Mr. RR Dwivedi & Ms. Pooja Sinha, Advocates. For the State : Mr. Upasna Mehta, Dy. GA. For the Objector/Complainant : Mr. Dheerendra Pandey, Advocate. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/08/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'SC/ST Act') read with Section 483 of BNSS 2023 is filed against impugned rejection order dated 31.01.2025 (Annexure A-1), 2 whereby bail application of the appellants has been rejected. 2. Appellants are in jail in connection with Crime No.195/2024 registered at Police Station -Pathria, District -Mungeli, Chhattisgarh, for the offence punishable under Sections 103(1), 3(5) of BNSS and Section 3(2)(v) of the SC/ST Act. 3. Case of prosecution, in brief, are that on 14.08.2024 some dispute took place between the present appellants and deceased (Daulat Patre) and during which present appellants have assaulted the deceased (Daulat Patre) by means of stick/club, iron road & pickaxe (कु दाल), due to which, deceased suffered grievous injuries and fell down on the earth and, thereafter, died on spot and appellants fled away from the spot. During course of rescue to his brother, complainant/Pintu Patre (brother of deceased) also sustained injuries. Based upon report lodged by Pintu Patre (brother of deceased), FIR was registered against the appellants and they have been arrested in the alleged crime/offence. 4. Learned counsel for the appellant submits that appellants have been falsely implicated in this case, they have not committed any offence as alleged against them as most of the prosecution witnesses including witnesses of memorandum and recovery have turned hostile and they have not supported the case of prosecution. Deceased was a person of hooligan mentality and also a culprit in a murder case, he has forcibly taking money from the vegetable venders and spread terror in the entire area and had also developed enmity with the surrounding people, as a result, many cases have 3 been registered against the deceased. Prosecution witnesses in their evidence have admitted the fact that deceased was a person of hooligan mentality and various cases have been registered against him. Learned Counsel further contended that there is no injury found on the body of deceased by the pickaxe (कु दाल). Out of 29 witnesses only 18 witnesses have been examined before the trial Court yet. Appellants are in jail since the month of August 2024 and conclusion of trial may take time, hence, appellants may be released on bail. 5. Learned State Counsel as well as learned counsel for the Objector opposing the submission of counsel for the appellants and would submit that appellants are the habitual offender and per post- mortem report, death of deceased is homicide in nature as total 11 injuries were found on the body of the deceased. Looking to the nature of offence, appellants may not be granted bail. 6. Heard learned counsel for the parties. 7. Considering entire facts and circumstances of case, nature of offence, statements of prosecution witnesses, submissions of counsel for the parties, particularly the submission that as per post- mortem report death of deceased is homicide in nature, total 11 injuries were found on the body of the deceased, this Court is not inclined to set-aside the impugned order and released the appellants on bail. 8. Accordingly, the instant appeal is hereby dismissed. However, concerned trial Court is directed to expedite the trial as early as 4 possible and pass the order on its own merits without influence of this order. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-