1 2025:CGHC:8999 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 149 of 2025 Akash Sahu S/o Sanjay Sahu Aged About 25 Years R/o Purana Bazarpara Mandi Road Surajpur, Police Station And Tehsil - Surajpur, District Surajpur Chhattisgarh ... Appellant versus State of Chhattisgarh Through PS- Surajpur, District - Surajpur, Chhattisgarh --- Respondents For Appellant : Mr. SB Tiwari, Advocate. For Respondent-State : Mr. Neeraj Sharma, Dy. AG with Ms. Pragya Shrivastava, Dy. GA. Hon'ble Shri Justice Arvind Kumar Verma Order on Board 20.02.2025 1. 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 31.12.2024 (Annexure A-1), whereby appellant’s application filed under Section 483 of BNSS for grant of bail is rejected. 2. Appellant is in jail since 17.10.2024 in connection with Crime No. 573/2024 registered at Police Station -Surajpur, District- Surajpur, Chhattisgarh, for the offence punishable under Sections 296(B), 351(3), 221, 132, 118, 121(2), 109(2) of BNS & Section 3(1)(R-S), 3(2)(va) of the Act of 1989. 2 3. Case of the prosecution, in brief, is that on 13.10.2024, Kuldeep Sahu (main accused) along with others co-accused persons have abused and threatened the complainant/victim (Constable Ghanshyam Sonwani) and, thereafter, poured the boiling oil upon him, due to which, victim sustained severe burns on his head, face, neck, chest, and hands. The present appellant (brother of main accused) was also involved in the alleged crime/offence. Based upon report lodged by complainant, FIR was registered and accused were arrested. 4. Learned counsel for the appellant submits that appellant's name was not mentioned in the FIR nor in the statement of complainant recorded under Section 161 CrPC, yet he has been implicated in this case only on the basis of memorandum statement of accused persons and his relationship with the main accused. The only allegation against the appellant is that he was in the vehicle with the main accused and other co-accused after the incident on 13.10.2024. Appellant is in jail since 17.10.2024, charge- sheet has been filed, conclusion of trial may take time, hence, appellant may be released on bail. 5. Learned State Counsel opposing submission of counsel for the appellant and would submit that there is specific evidence/material available against the appellant which shows that he was also involved in the alleged commission of crime/offence, hence, he is not entitled for grant of bail. It is also pointed out that there is one previous antecedent against the appellant under the Gambling Act of the year 2021. 6. Heard counsel for respective parties. 7. Pursuant to order of this Court, victim appeared before this Court and raised objection in granting bail to appellant. 3 8. Considering entire facts and circumstances of case, nature of allegation against the appellant, statement of victim, submission of counsel for the appellant that name of present appellant was not mentioned in the FIR, he has been implicated only on the basis of memorandum statement of the accused person, further considering the role and involvement of present appellant in the alleged crime/offence, there is no evidence/material to show that appellant make an attempt to temper with the witnesses, detention period of appellant, I am inclined to allow this appeal. 9. Accordingly, appeal is allowed. Impugned rejection order (Annexure A-1) is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a bail bond in sum of Rs.10,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:- a) Appellant shall appear before trial Court regularly on each and every date, unless exempted from appearance. b) Appellant shall not, in any manner, tamper with the prosecution witnesses. Certified copy as per rules. Sd/- (Arvind Kumar Verma) Judge J/-