1 2025:CGHC:429 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1908 of 2024 Nandkishor @ Nandu Aged About 30 Years S/o. Shri Johit Ram Sahu, R/o Manikchaouri, P.S - Pachpedi Tahsil - Masturi Dist- Bilaspur (C.G.) ... Appellant (s) versus State Of Chhattisgarh Through S.H.O. P.S - Pachpedi , Dist- Bilaspur (C.G.) ... Respondent(s) For Appellant(s) : Mr. Akhtar Hussain, Advocate For Respondent(s)/State : Ms. Anuradha Jain, Panel Lawyer (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 03.01.2025 1. The appellant has preferred this criminal appeal under Section 14(A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘the SC/ST Act’) as he has been arrested on 11.10.2022 (as per charge sheet) in connection with Crime No.249/2022, registered at Police Station Pachpedi, Distt. Bilaspur (CG) for alleged commission of offence punishable under Section 294, 323, 506, 307, 302, 120B, 201, 34 of the Indian Penal Code, Sections 25 & 27 of the Arms Act and Section 3(ii)(v) of the SC/ST Act. 2. Earlier, application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) filed by the appellant has been rejected by the Special Judge (Atrocities), Bilaspur vide Order dated 28.9.2024 passed in Spl. Case (Atrocity)/2/2023. BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.01.04 10:50:39 +0530 2 3. Facts of the Case in nutshell are that, on 09.10.2022, present appellant along with co-accused Bhupendra Singh Porte went to the betel shop of complainant at about 9:00 pm, they knocked the door and got opened the same by complainant. Those accused persons purchased Rajshri Guthkha, which was given by the complainant, subsequently she asked for money, then present appellant and Bhupendra Singh Porte abused her and by hearing noise, other family members along with Anish, son of the complainant, also came there, thereafter Bhupendra Singh Porte abused and threatened them and fired upon Anish and he again tried to fire upon husband of complainant, but that fire could not trigger. Thereafter the accused persons fled away from the spot and reached the house of co-accused Veer Singh, from where, Veer Singh took them on his motorcycle and dropped them at Railway Station Bhatapara. Based on above facts, present crime has been registered against present appellant and Bhupendra Singh Porte and subsequently name of Veer Singh was also added, as he helped the main accused persons in fleeing away. 3. Learned counsel for the appellant submits that main accused in the crime in question is co-accused Bhupendra Singh Porte, who fired upon the deceased. He would further submit that the appellant has been implicated in the instant case only because he was present at the spot. He further submits that only motor cycle and piece of brick have been seized from present appellant. He is in jail since 11.10.2022, conclusion of the trial will take considerable time and further, co- accused Veer Singh was granted bail by this Court vide Order dated 03.10.2023 passed in CrA No.1498 of 2023, hence, present appellant may also be released on bail. 4. Per contra, learned counsel for the State submits that dispute started by the appellant and co-accused Bhupendra Singh Porte. The appellant had also assaulted the deceased and his family members by brick. The appellant was also actively involved in commission of murder of Anish, as he held the hands of the deceased when Bhupendra Singh fired the shot. She would further submit that as 3 per the case diary, there are 7 criminal antecedents registered in various police stations of Bilaspur district against present appellant, hence, this appeal is liable to be dismissed. She would further submit that co-accused Veer Singh has been granted bail on the ground that he had only helped the accused persons to escape, as he dropped them at Railway station from his house, therefore, case of the present appellant and co-accused Veer Singh is not similar. 5. On 25.11.2024, mother of the deceased appeared before this Court and raised strong objection in respect of appeal filed by the appellant for grant of bail. 6. The appellant and co-accused Bhupendra Singh Porte had gone to the betel shop of the deceased and they quarreled with the complainant and her family members. Co-accused Bhupendra Singh allegedly fired shot on Anish (deceased) and at that time, the appellant was allegedly holding the hands of the deceased. 7. Having considered the aforesaid facts and further considering the fact that 07 criminal antecedents have already been registered against present appellant, I am not inclined to grant bail to the appellant. Accordingly, the appeal is dismissed. Sd/- (Naresh Kumar Chandravanshi) Judge Bini