1 2025:CGHC:4835 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 13 of 2025 Manoj Dimar S/o Chhotelel Aged About 35 Years R/o Baghera Behind Clectricity Office Baghera, P.S. City Kotwali Durg, District Durg (C.G.) --- Petitioner(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Pankhajoor, District Kanker (C.G.) --- Respondent(s) CRA No. 112 of 2025 Rakesh Paset S/o Late Arjun Lal Aged About 29 Years R/o Ward No. 3, Mathpara, Near South Imli Chounk Saswani Nagar Durg, P.S. City Kotwali, Durg, District Durg, Chhattisgarh. ---Petitioner(s) Versus State Of Chhattisgarh Through Station House Officer, Police Station- Pakhanjoor, District : Kanker, Chhattisgarh --- Respondent(s) For Petitioner(s) : Mr. Nitansh Kumar Jaiswal, Advocate. For Respondent(s) : Mr. Anurag Tripathi and Ms. Neeta Tulsani, Panel Lawyers. AJAY KUMAR DWIVEDI 2025.01.28 15:15:27 +0530 2 SB.: Hon'ble Shri Justice Deepak Kumar Tiwari Order on Board 27.01.2025 1. The accused/appellants have filed this appeal under Section 14 (A) (ii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “the SC/ST Act”) for grant of bail in connection with Crime No.113/2022 registered at Police Station Pankhajoor, District Kanker (CG) for the offence under Sections 395, 398, 399, 450, 506 (B) & 120 (B) of the IPC; Sections 3 (2) (v) of the SC/ST Act; and Sections 25 & 27 of the Arms Act. 2. Case of the prosecution is that the complainant has lodged the report against 07 unknown persons with an averment that the accused persons hatched a criminal conspiracy and entered his house situated near FDH 87 Forest Colony, Village- Bade Kapasi, Thana – Pakhanjur armed with the weapons like Sword, Gadasa threatening him and his wife and looted cash amount Rs. 11,00,000/-, Golden Bangels worth Rs. 1,41,360/- and also looted four sets of mobile phones. During investigation, present applicants were found involved in the crime in question, therefore, FIR was lodged against them. 3. Learned counsel for the appellants would submit that accused/appellants are innocent and they have been falsely implicated in the crime in question. He further submits that similarly situated co-accused, namely Prabhas Mahaldar viz CRA No.1399/2024 vide order dated 20.08.2024, Narayan Das viz CRA No.1669/2024 vide order dated 18.10.2024 and Sameer Bairagi viz CRA No.1645/2024 vide order dated 20.09.2024, have been released on bail by the co-ordinate Bench of this Court. He also submits the 3 complainant has been examined before the trial Court and he could not identified the present appellants. He also submits that the appellants are languishing in jail since 09.09.2022 and case of the present appellants are similar to the accused who have been released on bail. In such circumstances, present appellants may be released on bail. 4. On the other hand, learned State counsel opposes the prayer for bail. 5. Today the complainant appeared before this Court through VC from concerned DLSA and raised objection respect of the bail applications. 6. Having regard to the submission of learned counsel for the parties, considering the facts and circumstances of the case, further considering that similarly situated co-accused have already been released on bail and also keeping in view the detention period of the appellants, I am inclined to allow the appeal of appellants. 7. Accordingly, the appeals of appellants are allowed. It is directed that appellants shall be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety for the like amount to the satisfaction of the concerned trial Court on the following conditions :- a) They shall appear before the trial Court regularly on each and every date, unless exempted from appearance. b) They shall not make any attempt to tamper with the prosecution witnesses. Sd/- (Deepak Kumar Tiwari) Judge Ajay