1 2025:CGHC:52603 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2145 of 2025 1 - Sudama @ Babulal Shrivastava S/o Shri Mohit Shrivastava Aged About 46 Years R/o Bariyon, Police Outpost Bariyon, Police Station Rajpur, District Balrampur-Ramanujganj Chhattisgarh. ... Appellant versus 1 - State of Chhattisgarh Through Police Station Rajpur, District Balrampur- Ramanujganj Chhattisgarh. ... Respondent(s) For Appellant : Shri Samarth Singh Marhas, Advocate. For State : Shri Akhilesh Kumar, Govt. Advocate. For complainant : Shri K. Rohan, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J Judgment on Board 28.10.2025 1. This Criminal Appeal has been preferred under Section 14(A)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, 'the Act, 1989') against order dated 30.08.2025 passed by the Special Judge (Scheduled Caste & Scheduled Tribe Prevention of Atrocities Act) Balrampur, Ramanujganj, whereby the application filed by the appellant under Section 483 BNSS, 2023 for grant of regular bail in connection with Crime No.103/2025 registered at Police Station, Rajpur, District Balrampur-Ramanujganj, for the Digitally signed by INDRAJEET SAHU Date: 2025.10.30 10:52:47 +0530 2 offence under Sections 108 and 3(5) of BNS, 2023 and Section 3(2)(v) of the Act, 1989, has been rejected. 2. The facts of the case, in brief, are that the land of Zubaro Bai was registered in joint account of other family members. The complainant Santram is the son of Zubaro Bai's and her husband Bhaira Ram (since deceased) who was a Pahadi Korwa. Co-accused Vinod Kumar Agarwal and Praveen Agarwal fraudulently and deceitfully got the land of Zubaro Bai registered in the name of Shivaram on 18.11.2024 without partition, in respect of which no money was given to Zubaro Bai. On the written complaint of Zubaro Bai and Santram S/o deceased Bhaira Ram, Police registered Crime No.90/2025 on 23.04.2025 under Sections 318, 338, 336, 340, 3(5) of Bharatiya Nyaya Sanhita, 2023. On the death of Bhaira Ram on 22.04.2025, on the information of his son Santram, Merg was registered and enquiry was conducted. On the second written complaint of complainant Santram and after Merg enquiry, on 06.05.2025, Crime No.103/2025 under Sections 108, 3(5) of BNS, 2023 was registered against the appellant and other co- accused persons at Police Station New Rajpur, in which section 3(2)(v) of the SC/ST Act was also added later. The said crime was registered on the basis of written complaint of Santram and also on the basis that in the Merg enquiry it was found that the appellant and co-accused used to tell Bhaira Ram that now the land belongs to them and he should run away and was harassed by threatening to beat him, due to which Bhaira Ram committed suicide by hanging himself in the intervening night of 21/22 April, 2025. 3 3. Learned counsel for the appellant argue that the date of execution of the sale deed is stated to be 18.11.2024. The suicide by Bhaira Ram is said to have been committed in the intervening night of 21-22 April, 2025. Thereafter, on 23.04.2025, the first Crime No.90/2025 was registered on the written complaint of his son Santram in which the present appellant was not accused. In Crime No.90/2025, the accused Shivaram Nagesia, Uday Sharma, Mahendra Agarwal, Amit Gupta, Riazul Hasan & Kamla Nagesia have been granted regular bail by the Coordinate Bench of this Court while co-accused of that case Mahendra Gupta, Rahul Singh, Yashwant Kumar & Rahul Agarwal have been given the benefit of anticipatory bail. Only the anticipatory bail application of accused Vinod Kumar Agarwal has been rejected and accused Praveen Agrawal had not filed any application for grant of bail. Vinod Agarwal and Praveen Agarwal are the only two accused who are also accused in Crime No.103/2025. Thus, both crime numbers i.e. 90/2025 and 103/2025 have been registered after the death of Bhaira Ram against different accused except two accused Vinod Agarwal and Praveen Agarwal. 4. The further argument of learned counsel for the appellant is that at the time of registration of Crime No.90/2025 on 23.04.2025, Bhaira Ram died but no fact has been mentioned in that regard in the FIR of Crime No.90/2025. Crime No.103/2025 has been registered against the present appellant after a long time on 06.05.2025. The subject matter of both the crime numbers is the same. There is no instigation to commit suicide on the part of the present appellant and he has no role 4 in any act of abetment of suicide of the deceased Bhaira Ram. The appellant is in jail since 04.07.2025 and final adjudication of the case will take its own time, therefore, he may be released on bail. 5. Learned State counsel opposes and submits that the impugned orders passed by the trial court is proper. Evidence has been collected regarding common intention of the remaining accused along with the appellant for harassing Bhaira Ram. Both the crime numbers have been registered on the basis of the written complaint of complainant Santram. In Crime No.90/2025, the original complaint is of fraudulently executing the sale deed of the land of Zubaro Bai in the name of someone else without giving her any consideration amount, in which other co-accused are involved. The said crime (Crime No.90/2025) was registered on 23/04/2025 but its written complaint was given to the Police earlier and it does not appear that at the time of giving written complaint, Bhaira Ram had died. Hence, after the death of Bhaira Ram, a separate written complaint was given by his son Santram, based on which and after Merg enquiry on the death of Bhaira Ram, on 06/05/2025, the second First Information Report has been registered against the appellant and other co-accused in Crime No.103/2025. The nature of offence and accused in both the crime numbers are different. The main accused in the entire conspiracy and abetment is Vinod Kumar Agarwal, whose anticipatory bail has been rejected by the Coordinate Bench in respect of Crime No.90/2025, whereas no bail application was filed by Praveen Agarwal in respect of that crime number. From the statement of witnesses, there is allegation against 5 the appellant that he along with other co-accused persons have threatened and harassed the deceased by which he committed suicide. In such a situation, the appeal seeking for grant of regular bail to the appellant deserve to be dismissed. 6. I have heard learned counsel for the parties and perused the case diary. 7. From perusal of the record, it is clear that both the crimes have been registered by the Police on the written complaint of complainant Santram. It is also clear that main accused are Praveen Agarwal and Vinod Kumar Agarwal. They are common accused in both the crimes, whereas the present appellant was not accused in the first Crime No.90/2025. On the subsequent report by the same complainant, the present FIR has been registered and offence under the ST/ST Act have been added. Thus, considering the nature of allegation and the manner in which the allegation of harassment is levelled by the complainant, and time gape between the alleged act of harassment & suicide committed by the deceased, I am inclined to release the appellant on bail. 8. Consequently, the appeal filed by the appellant is allowed and the impugned order dated 30.08.2025 passed by the Special Judge (Scheduled Caste & Scheduled Tribe Prevention of Atrocities Act) Balrampur, Ramanujganj in Crime No.103/2025 registered at Police Station, Rajpur, District Balrampur-Ramanujganj, is set aside. It is directed that the appellant shall be released on bail on his furnishing 6 personal bond in a sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned trial court on following conditions: 1. That, the appellant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; 2. That, the appellant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; 3. That, the appellant shall appear before the trial Court on each and every date given by the said Court till disposal of the trial. Sd/- (Ravindra Kumar Agrawal) Judge inder