1 2025:CGHC:60919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 2495 of 2025 1 - Radheshyam Yadav S/o Sundaru Yadav Aged About 55 Years Resident Of Village- Raghupur P.S. Dhourpur District- Sarguja (C.G.) 2 - Dayashankar Yadav S/o Radheshyam Yadav Aged About 27 Years Resident Of Village- Raghupur P.S. Dhourpur District- Sarguja (C.G.) 3 - Shrawan Yadav S/o Seetaram Yadav Aged About 30 Years Resident Of Village- Raghupur P.S. Dhourpur District- Sarguja (C.G.) 4 - Kapil Dev S/o Mangalu Kolta Aged About 55 Years Resident Of Village- Raghupur P.S. Dhourpur District- Sarguja (C.G.) 5 - Sudarshan Barik Alias Motu S/o Kapildev Aged About 27 Years Resident Of Village- Raghupur P.S. Dhourpur District- Sarguja (C.G.) 6 - Vijay Shankar Yadav Alias Chhotu S/o Radheshyam Yadav Aged About 21 Years Resident Of Village- Raghupur P.S. Dhourpur District- Sarguja (C.G.) ... appellants(s) versus 1 - State Of Chhattisgarh Through- Station House OfÏcer, P.S. Dhourpur, District- Sarguja (C.G.) ----Respondents For appellants : Mr. Sunil Tripathi, Advocate. For State : Ms. Priya Sharma, P.L. For Objector : Mr. Siddharth Pandey, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 15.12.2025 1. This appeal under Section 14-A(2) of the Scheduled Caste & Digitally signed by JYOTI JHA Date: 2025.12.18 14:49:20 +0530 2 Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short, 'Act of 1989’ is filed against impugned rejection order dated 05.11.2025 (Annexure A-1) passed by learned Special Judge (Atrocities), Surguja Ambikapur District Surguja (CG) whereby application of the appellants filed under Section 483 of BNSS for their release on bail is rejected. 2. Case of prosecution, in brief, is that on 03.09.2025 at about 9.00AM on account of village street, some dispute arose between the Dayashankar and Ganesh, when Dayashankar was coming by his tractor, on counter blast, Ganesh restrained the tractor of the Dayashankar, when the some conversation was going on between them, some of the villagers reached there and dissolve their dispute but after lapse of some time, when the complainant along with his associate namely Rajesh and Krishna, the all of appellant who were present near the Solar Pump, knowingly that, the complainant is belongs to member of schedule tribe, abusing him and with help of stick, made assault, on account of not only the complainant, but also Rajesh and Krishna both have received grievous injury. After the incident, the concerning police has registered the FIR against the present appellant under crime no. 41/2025 under section 296, 351(3), 115(2), 191 (1)(2)(3), 109(1) of B.N.S, 2023 and under Section 3(2)(v) of SC/ST Prevention of Atrocities Act. After completing the investigation, charge sheet has been filed before the competent court of law. The appellants have been arrested. 3 3. Learned counsel for the appellants submits that the appellants has also submitted written complaint before the IG Police Sarguja on 04.09.2025 stating therein that at 7.00AM on 03.09.2025 at village Raghupur P.S. Dhourpur when the Dayashankar was transporting sand with help of his tractor, Ganesh, Thakur and Santosh all of them restrained the tractor and abusing Dayashankar and trying to press the neck, when the Dayashankar made alarm, some of the villagers reached there and resolve their dispute. After lapse of some time, when Dayashankar was going back to his house, near the Solar Pump, again restrained Dayashankar and Krishna, Dalveer and Rajesh started to strangulation, when Dayashankar made alarm, Radheshyam and other family members reached their and interfere the dispute but the Radheshyam brutally beaten by the Krishna and other members, on account of that, Rajesh and Krishna had also received injuries, the report of the present appellants have not been registered despite of the request, whereas the report of the aggressor party has been registered, therefore the appellants submitted the written complaint before the IG Police Sarguja on 04.09.2025. 4. Learned counsel for the appellant submits that when the appellants produced before the Judicial Magistrate First Class Ambikapur, the appellants are also requested to examine them as received injury on the date of incident. Even though when the bail application was listed before the learned Session Judge Ambikapur, on request of the appellants, the medical report with 4 regard to injuries was also called by the learned Special Judge Ambikapur in which the superintendent of Jailer submitted its report on 10.11.2025. Radheshyam suffering from facture and scull injuries whereas the complainant parties only the grievous injuries found in the head of Krishna on his left temporal bone, linier fracture is there and rest of injured are received simple injuries, and within 3 days of incident, all of them discharge from the hospital. The appellants are in jail since 04.09.2025 and the challan has already been filed before the competent court of law. Hence he prays for release of appellants on bail in the interest of justice. 5. Per contra, learned counsel for the State opposes the prayer made by the learned counsel for the appellants. 6. Learned counsel for the complaint/objector submits that the accused/appellants, six in number, formed an unlawful assembly and in pursuance of their common design fatally attacked the Complainants, who were three in number, causing them grievous and fatal injuries on their heads, resulting in immediate medical care. The injuries on vital parts and the use of weapons indicates the intention to kill; medical evidence, FIR, witness statements shows mens rea to cause death; there is every likelihood that the accused appellants would intimidate and influence the witnesses since the Complainants and the accused appellants belong to the same locality; there are high chances of the appellants/accused persons fleeing from the administration of justice after getting 5 released on bail. 7. Learned counsel for Objector further submit that the Complainants were attacked on account of their caste, thus there exists a caste motive in the instant case. The FIR, Police Statements, and medical evidence show that the Complainants belong to the ST community, and the offence was committed on the ground that the victims belonge to the ST community. The offence u/s 3(2)(v) of the SC/ST Act is punishable with life imprisonment, and the nature and gravity of the offence alone is a valid ground for rejection of the bail application of the appellants. The material collected by the prosecution establishes a prima facie case of a caste-based motive. It is further contended that the Complainants belong to a vulnerable community, thus there is a possibility of intimidation, social pressure, and retaliation. It is also stated that there is every likelihood of tampering with evidence as the accused persons/appellants are influential, belong to local dominant caste, and hold authority. It is lastly contended that the bail is not a matter of right in serious offences under the SC/ST Act. The protection of the victims and community is a priority, and it is only to be seen whether the prima facie ingredients of the offence are present or not. He further submits that a plain reading of the FIR would show that the appellants allegedly hurled abuses at the appellants, fatally attacked and wounded them requiring immediate medical care and endangering their lives, and caste based motive behind the alleged occurrence. Therefore, he prays 6 for rejection of the bail appeal. 8. Heard counsel for respective parties, perused the record with utmost circumspection. 9. Upon a careful perusal of the case diary, FIR, medical reports and the material placed on record, it transpires the fact that the incident appears to have arisen out of a sudden dispute between two groups of villagers, and from the material on record, it prima facie reflects that there are cross-versions of the same occurrence, as the appellants had also promptly approached the higher police authorities alleging assault and injuries on their side. The medical documents also called for by the learned Special Judge. At this stage, without expressing any opinion on the merits of the case, it cannot be conclusively inferred that the offence was committed solely on account of the caste of the complainant so as to irresistibly attract the rigours of Section 3(2)(v) of the Act of 1989, particularly when the dispute appears to have its genesis in a prior altercation relating to passage of the tractor. The investigation has already been completed and the charge-sheet has been filed, the appellants are in judicial custody since 04.09.2025 and the trial is likely to take considerable time to conclude. Considering the totality of the facts and circumstances, including the existence of cross-complaints, nature of injuries on both sides, completion of investigation, period of detention, and without commenting on the merits of the case, this Court is satisfied that the appellants have made out a case for grant of bail. 7 Accordingly, the appeal filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed, and the impugned order dated 05.11.2025 is set aside. 10.Let the appellants be released on bail on their furnishing a personal bond of Rs.10,000- with two surety each in the like sum to the satisfaction of the Court concerned subject to the condition that the appellants shall appear before the concerned Police Station Dhourpur on the 2nd and 4th Sunday of every month and shall mark their presence till conclusion of the trial and the appellants shall comply with appropriate conditions to ensure their presence during trial and to prevent any intimidation or influence over the prosecution witnesses and the other following conditions : (i) The appellants shall lie an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The appellants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him/her under Section 269 of BNS, 2023. (iii) In case, the appellants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of the BNSS, 2023 is issued and the appellants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him/her, in accordance with law, under Section 209 of BNS, 2023. 8 (iv) The appellants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS, 2023. If in the opinion of the trial court absence of the appellants is deliberate or without suicient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him/her in accordance with law. 11. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Jyoti