1 2025:CGHC:4102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2221 of 2024 • Sunnyjeet @ Sunny Tiwari S/o Shri Lekhnarayan Tiwari Aged About 22 Years R/o Ward No. 15, Arjunda, District Balod (Chhattisgarh) (Correct Name Of Appellant And Father Of Appellant Is Mentioned) ... Appellant. versus • State Of Chhattisgarh Through Sho, P.S. Arjunda, District Balod (Chhattisgarh) ... Respondent For Appellant. : Mr. Shalvik Tiwari, Advocate. For Respondent/State : Mr. Abhishek Singh, Panel Lawyer (Hon’ble Mr. Justice Narendra Kumar Vyas) Order on Board 22/01/2025 1. This appeal under Section 14-A(2) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short Special Act) is arising out of an order dated 5-12-2024 passed by Special Judge (Prevention of Atrocities Act), Balod, District Balod, Chhattisgarh 2 (for short the "Special Judge") in Special Sessions Case No 77 of 2024 by which the learned Special Judge has dismissed the application of the appellant under Section 439 of the Code of Criminal Procedure, 1973. Appellant has been arrested on 26-11-2024 in connection with Crime No. 177 of 2024 registered at Police Station – Arjunda, District Balod (C.G.) for the offfence punishable under Sections 296, 351 (2), 221, 132, 3(5), 115(2) of Bharatiya Nyaya Sanhit, 2023, Section 3(2) (V) (a) of the Special Act and Section 3 of Cchhattisgarh Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to property) Act, 2010. 2. Case of the prosecution, in brief, is that the date of incident alleged to have been occurred on 15-9-2024 at about 11.15 pm at Community Health Centre, Arjunda. FIR was lodged on 16-9-2024 by Doctor Lekhram Kosre inter alia on the allegations that on 15-9-2024 at about 11.15 O’ clock in the night some unknown persons came to the Community Health Centre, one of whom was injured. They were insisting priority for providing treatment. When the staff of the hospital had requested them to wait for some time, the accused persons knowing fully well that the complainant who is the government doctor is discharging the official duties have abused the complainant and created hurdles in discharging the official duties and have also assaulted him. It is also alleged that the appellants came to community health centre in drunken condition, abused the doctor, dresser and assaulted them. On the basis of FIR, Police registered the aforesaid offence against the appellants. 3. Learned counsel for the appellant would submit that the appellant is innocent and has been falsely implicated in the case. He would further submit that the offense under Section 3 (2)(v)(a) of the Act, 1989 is not made out and ingredients of Section 3(2)(v)(a) of the Act, 1989 are completely missing. He would further submit that CCTV footage of the hospital clearly shows that the appellant neither assaulted anyone nor abused the complainant in the name of his caste, there is no evidence to show that the complainant belongs to schedule tribe community. He would further submit that the appellant is in jail since 26-11-2024, the trial will take some time for its final disposal. He would further submit that the case of the present appellant is similar to the case of other two 3 co-accused who have already been granted bail by this court vide order dated 5-11-2024 passed in CRA No.1787 of 2024, therefore, the appellant may be released on bail on the ground of parity. 4. In pursuance of the direction earlier given by this Court, complainant has appeared before this Court through vidfeo conferencing and raised objection in releasing the appellant on bail and his objection is taken on record. 5. On the other hand, learned counsel for the State opposes the bail application and would submit that the appellant has assaulted and insulted the complainant who is Scheduled Caste person, therefore, he may not be released on bail. 6. I have heard learned counsel for the parties and perused the record. 7. Considering the nature of allegations leveled against the appellant and also the fact that the appellant is in jail since 26-11-2024, no further custodial interrogation is required, and also the fact that other two- accused have already been released on bail by this Court which is not disputed by the learned State counsel, therefore, I am inclined to release the appellant on bail. 8. Accordingly, the Criminal Appeal is allowed and the impugned order dated 5-12-2024 passed by the Special Judge in Special Sessions Case No. 77 of 2024 in connection with Crime No 177 of 2024 is quashed. It is directed that on appellant’s executing a personal bond for a sum of Rs. 25,000/- with a surety of Rs. 25,000/- to the satisfaction of the concerned trial Court, he shall be released on bail. He is directed to appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Sd/- (Narendra Kumar Vyas) JUDGE Raju RAVVA SATYANARAYANA RAJU Digitally signed by RAVVA SATYANARAYANA RAJU Date: 2025.01.23 10:39:54 +0530 4