Salman Ali @ Nanu And ORS. v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRCA No. 310 of 2020

1. Salman Ali @ Nanu, S/o Shri Mazid Ali Aged About 27 Years

2. Suleman Ali @ Sallu S/o Shri Mazid Ali Aged About 35 Years

3. Ahmad Ali S/o Shri Mazid Ali Aged About 32 Years All R/o Ward No. 05 Lormi, P. S. Lormi, District Mungeli Chhattisgarh ---- Applicants

Versus

1. State Of Chhattisgarh Through AJK Mungeli, District Mungeli Chhattisgarh ---- Respondent For Applicants Mr. Dheerendra Pandey, Advocate For Respondent /State Ms Veena Nair, Dy. Adv. General Proceedings through Video Conferencing Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 18/6/2020

1. The applicants have preferred this application for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.451/2028, registered at Police Station AJK, Mungeli, for offence punishable under Sections 294, 506(B) & 323 read with Section 34 of the Indian Penal Code and 3 (1) n] /k of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. In a dispute amongst villagers the accused persons abused and criminally intimidated the complainant belonging to Scheduled Tribe community.

3. The complainant has filed an affidavit before the trial Court stating that the villagers have compromised the matter.

4. Learned State Counsel would oppose the prayer for grant of bail.

5. Considering the entire facts situation of the case and for the reason that except for the offence punishable under the Scheduled Tribes (Prevention of Atrocities) Act, 1989 other offences are minor in nature and further that material does not disclose that the complainant was abused and manhandled only because he belongs to Scheduled Tribe community, this Court is inclined to release the applicant on anticipatory bail.

6. Accordingly, the application is allowed and it is directed that in the event of arrest of the applicants, they shall be released on anticipatory bail on each of them executing a personal bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like sum to the satisfaction of the arresting officer with the following conditions:- (a) they shall make themselves available for interrogation by a police officer as and when required;

(b) they 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 from disclosing such facts to the Court or to any police officer.

Sd/- (Prashant Kumar Mishra) Judge Gowri