1 2025:CGHC:50021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 1834 of 2025 Harish Mugri S/o Montu Mugri Aged About 19 Years R/o Galaxy Heights, Atal Awas, Hanoda Road, Borsi, Durg, Tehsil And District - Durg, C.G. (Particulars Of Appellant Is Properly Not Mentioned In First Page Of Impugned Order Sheet And Correct Address Is Mentioned As Per Charge Sheet) (Father Name Is Correctly Mentioned) ... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station- Padmanabhpur, District- Durg, Chhattisgarh --- Respondent For Appellant : Mr. Avinash Chand Sahu, Advocate For Respondent-State : Ms. Upasana Mehta, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 08/10/2025 1. In compliance of Court’s order dated 10.09.2025, mother of the victim appeared before this Court through video conferencing from the DSLA Durg (C.G.) and on being asked, she made objection for grant of bail to the appellant. VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.10.09 13:35:18 +0530 2 2. This is second application for grant of bail. First application for grant of bail was dismissed as withdrawn vide order dated 17.07.2025. 3. 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 judgment dated 07.08.2025 passed by the Special Judge, Durg, District Durg (C.G.) in Special C. SC/ST No.9/2024, whereby appellant's application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of bail is rejected. 4. Appellant is in jail since 14.08.2024 in connection with Crime No.308/2024 registered at Police Station -Padmanabhpur, District Durg (C.G.) for the offence punishable under Sections 103(1), 3(5), 61(2), 191(2), 191(3) & 238 of BNS, Sections 25 & 27 of the Arms Act and Sections 3(2)(v) and 3(1)(s) of the SC/ST (Prevention of Atrocities) Act, 1989. 5. Case of prosecution in brief is that the on 13.08.2024, complainant filed a written complaint before the police authorities alleging that 12.08.2024, at about 11.10 pm his nephew namely Shubham Bande was assaulted by Ravi Yadav and other co-accused persons with knife and other incriminating articles near Government School Borsi Bhanta as a result of which Shubham sustained grievous injuries on his stomach, head and back. He was immediately taken to hospital where the doctors declared him dead. FIR was lodged against Ravi Yadav by name and others on 13.08.2024 under Section 103(1) and 3(5) of the BNS 2023. Accused Ravi Yadav was 3 arrested and on his memorandum statement, co-accused persons namely Sahil Yadav, Ritendra Yadav, Murali Yadav, Om Thakur, Aman Bhatt, Dinesh Yadav, Om Prakash Dewangan, Komesh Sahu, Vedprakash Sahu and the present applicant were arrested. 6. Learned counsel for appellant submits that appellant has been falsely implicated in this case, he has not committed any offence as alleged against him. He further submits that the material witness has been examined and there are various omission and contradiction in their statement and they have not stated any against the present applicant. He also contended that in the FIR, name of the appellant has not been mentioned. FSL Report of the seized stick is also found negative. Appellant is in jail since 14.08.2024, conclusion of trial may take time, hence, appellant may be released on bail. 7. Learned State Counsel opposed the submission made by learned counsel for the appellant and submits that the order passed by the trial Court is just and proper needs no interference. 8. I have heard counsel for respective parties and perused the record with utmost circumspection. 9. Considering entire facts and circumstances of case, statement of complainant, submission of counsel for appellant that in the FIR, name of the appellant has not been mentioned and FSL report of the seized stick is also found negative. Looking to the entire facts of the case and detention 4 period of appellant, I am inclined to allow this appeal. 10. Accordingly, the instant appeal is allowed. Impugned judgment dated 07.08.2025 passed by the Special Judge, Durg, District Durg (C.G.) in Special C. SC/ST No.9/2024 is set aside. It is directed that appellant shall be released on regular bail upon his furnishing a personal 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. C.C. as per rules. SD/- (Arvind Kumar Verma) Judge Vasant