Sunil Soni v. State Of Chhattisgarh

Cr.A. No. 579 of 2021 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR (Proceedings through Video Conferencing) Criminal Appeal No. 579 of 2021 • Sunil Soni S/o Shri Narayan Soni, aged about 55 years, R/o Ward No. 12, Near Girls School, Akaltara, At Present R/o Near Netaji Chauk, Janjgir, Police Station- Janjgir, Civil & Revenue District- Janjgir-Champa (C.G.) ---- Appellant

Versus

• State of Chhattisgarh, Through : The Station House Officer, Police StationJanjgir, Civil & Revenue District Janjgir-Champa (C.G.) ----State/Respondent For Appellant : Shri Paras Mani Shriwas, Advocate For Respondent /State :

Shri Adil Minhaz, Government Advocate Hon'ble Shri Justice Gautam Chourdiya, J Judgment on Board 04.08.2021

1. This appeal by the accused/appellant under Section 14A (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 30.04.2021 passed by the Special Judge (Atrocities) Janjgir, District Janjgir-Champa (C.G.) in Bail Application No. 328/2021, rejecting his regular bail under Section 439 Cr.P.C. The appellant is in jail since 03.02.2021 in connection with Crime No. 67/2021 for the offence punishable under Section 436 of IPC and Section 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- Janjgir, District Janjgir-Champa (C.G.).

2. Allegation against the present appellant is that on 02.02.2021, he set shop namely Laxmi Boot House of complainant on fire due to which complainant loss his property amounting to Rs.15 lacs.

3. Learned counsel for the appellant submits that he has been falsely implicated in this case. He also submits that the appellant is in jail since 03.02.2021, charge-sheet has been filed and due to Covid-19, conclusion of

Cr.A. No. 579 of 2021 the trial is likely to take some time, therefore, he may be released on bail.

4. On the other hand, learned counsel for the State opposes the bail.

5. Considering the facts and circumstances of the case, considering the allegation made against the appellant, on the date of incident i.e. 02.02.2021 the appellant was seen causing fire the shop of complainant by some eyewitness and was also seen in CCTV footage causing fire of the shop, without commenting anything on merits of the case, this Court is not inclined to release the appellant on bail. The order impugned of the trial Court rejecting the appellant's bail application does not suffer from any illegality or perversity. Accordingly, the present appeal being without any substance is hereby dismissed.

Sd/- (Gautam Chourdiya) Judge vatti