Santosh Kumar Sahu v. State Of Chhattisgarh

CRA No.759 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CRA No. 759 of 2020

1. Santosh Kumar Sahu S/o Shri Jethuram Sahu Aged About 42 Years R/o Ward No. 01, Parras Balod District Balod Chhattisgarh ---- Appellant

Versus

1. State Of Chhattisgarh Through Police Station AJAK Balod District Balod Chhattisgarh ---- Respondent For Appellant Mr. Pragalbha Sharma, Advocate For Respondent /State Mr. Ayaz Naved, Govt. Advocate For Objector Ms. Aditya Tiwari, Advocate Objector/Complainant - Anjor Singh Thakur is also present Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 26/11/2020 1.

The appellant has preferred this appeal for grant of anticipatory bail, as he apprehends his arrest in connection with Crime No.8/2020, registered at Police Station AJAK, Balod, for offence punishable under Sections 294 & 506 of the Indian Penal Code and under Section 3(1)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2.

Appellant is a Journalist. On the date of incident he along with two other persons were making some enquiry from the complainant who was standing near the culvert along with two of his friends. It is alleged that when the complainant refused to

CRA No.759 of 2020 divulge some information to the appellant he started abusing him in the name of his caste.

3.

The FIR is delayed by 40 days as for the incident which happened on 1-8-2020 written report has been lodged on 11-9-2020. Moreover, the complainant has appeared before this Court personally as also through his counsel to submit that the dispute with the complainant has already been settled and they have developed amicable relation.

4.

Considering the entire facts situation of the case and on account of subsequent developments, this Court is inclined to release the applicant on anticipatory bail.

5. Accordingly, the impugned order refusing anticipatory bail to the appellant is set aside and the appellant is directed to be released on anticipatory bail on the following conditions : • he shall make himself available for interrogation by a police officer as and when required;

• he 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.

• he shall not influence the witnesses during pendency of the trial.

Sd/- (Prashant Kumar Mishra) Judge Gowri