Chattisgarh High Court
Chetan Purena vs State Of Chhattisgarh on 3 March, 2025
Author: Narendra Kumar Vyas
Bench: Narendra Kumar Vyas
Page 1 of 7
2025:CGHC:10206
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 1694 of 2025
1 - Chetan Purena S/o Santosh Purena Aged About 25 Years R/o Village
Kusmi, P.S.- Palari, District- Balodabazar, Chhattisgarh.
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Station House Officer, P.S. City
Kotwali, Balodabazar, Chhattisgarh.
... Respondent(s)
For Applicant : Mr. Lalit Jangde & Mr. G.P. Kurre, Advocate.
For Res./State : Mr. Sanjeev Pandey, Dy. Advocate General.
Hon’ble Shri Justice Narendra Kumar Vyas
Order on Board
03.03.2025
1. This is the first bail application filed under Section 483 of the
Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to
the applicant, who has been arrested on 07.08.2024 in connection
with Crime No. 379/2024, registered at Police Station, City Kotwali
Balodabazar, District – Balodabazar (C.G.) for the offence
punishable under Sections 147, 148, 149, 186, 332, 294, 506, 335,
436, 307, 427, 435, 120B IPC & Sections 3 & 4 of the Prevention of
Damage to Public Property Act, 1984.
2. The prosecution story, in brief, is that the complainant- Deputy
Superintendent of Police has lodged a complaint on 13.06.2024
before Police Station- City Kotwali, Baloda-Bazar alleging that some
persons belonging to Satnami Samaj have committed incident of
Digitally
signed by
ARUN
ARUN KUMAR
KUMAR DEWANGAN
DEWANGAN Date:
2025.03.04
10:30:59
+0530
Page 2 of 7assault, vandalism and arson on 10.06.2024 on the pretext that on
15/16th May, 2024 at Village- Mahakoni, Police Station- Amargupha,
Giroudpuri, a monument of Satnami Samaj was damaged and loss
to the public properties, therefore, Crime No. 105/2024 for
commission of offence under Section 295, 34 of IPC was registered
on 17.05.2024. The police after investigation have submitted
charge-sheet against one Sultu Kumar Yadav & two others before
the learned Judicial Magistrate First Class, Kasdol, District- Baloda-
Bazar. Thereafter the President of Satnami Samaj Chhattisgarh and
other office bearers including office bearers of political parties have
submitted an application on 30.05.2024 wherein permission was
sought to conduct the conference of the community, to conduct CBI
enquiry was demanded. It was also decided that by conducting
congregate between 3-4 p.m. a memo has to be handed over to the
Collector- Balodabazar, wherein 10 persons were authorized to
meet the Collector which was allowed with certain conditions.
Thereafter, a meeting was also organized in the office of Joint
Collector, Balodabazar on 07.06.2024 wherein it was also agreed by
the Satanami Samaj that they will conduct the congregate in a
peaceful manner without disturbing the peace and tranquility of the
area. Accordingly, the permission was granted on the conditions of
maintaining peace and tranquility. Thereafter, the congregate was
started on 10.06.2024 at 11 a.m. where the administration deployed
police persons to maintain the law and order. All of a sudden, at
about 2.30 – 6.00 p.m. the congregate started stone pelting at office
of Superintendent of Police, District Panchayat, Tahsil office and
caused damage to the property and official records were also
Page 3 of 7damaged. Accordingly, FIR was registered. In the incident, 134
motorcycles, 29 four wheeler vehicles and 1 fire brigade, 17
government vehicles, 12 government four wheeler vehicles were
damaged causing loss of total Rs. 2.82 crores.
3. This Court has directed the State to file an affidavit explaining how
much loss to the public exchequer has been caused by the action of
the accused persons and also to produce the video of procession to
demonstrate how many persons assembled on the spot. In
pursuance of direction issued by this Court, the State has filed
affidavit wherein it has been specifically mentioned that the
applicant and the co-accused persons are involved in criminal
conspiracy and the applicants along with agitators damaged the loss
of public at large which is estimated Rs. 10,21,00,000/- (Rs. Ten
Crores Twenty One Lakhs).
4. Learned counsel for the applicant would submit that the applicant
has been falsely implicated only because they are members of
Satnami caste and the applicant has been arrested only on the
ground of suspicion whereas the FIR was lodged against unknown
offenders. Memorandum statement of applicant was recorded and
seizure of stones and a stick have been shown in the challan
against the present applicant. However, no seizure has been
actually made from the present applicant and entire matter is
cooked up. No documents or evidence has been placed in final
report to show that the present applicant was actively participated in
committing the alleged crime. He would further submit that there is
no direct and substantial evidence against the present applicant in
the entire charge-sheet. The incident took place on 10.06.2024 and
Page 4 of 7
the applicant was arrested on the dates mentioned above. He would
further submit that the TIP has been done in violation of the norms
required under the law for identification parade as such, involvement
of the applicant for the aforesaid offence is illegal. He would further
submit that on the basis of materials so collected by the
prosecution, the offence under Section 307 of IPC cannot be made
out. He would further submit that except this Cection, all the
sections are triable by Magistrate. The medical document itself
suggests that the injuries inflicted were not grievous as per the
medical documents annnexed with charge sheet. He would further
submit that the only incriminating documents available against the
present applicant are: (i) Seizure memo, (ii). Test Identification
Parade (hereinafter referred to as “TIP”) and they would submit that
both the above documents are apparently faulty. He would further
submit that the nature and gravity of offence alone cannot be the
sole ground for rejection of bail.
5. He would further submit that there is no chance of absconding,
influencing the witnesses. Lastly he would submit that the
investigation has been completed, charge-sheet has already been
filed and applicants are in jail for more than 6-7 months. It has also
been contended that the co-accused namely Narayan Miri whose
bail application was rejected by this Court has preferred SLP
bearing Special Leave to Appeal (Criminal) No. 14169/2024 before
Hon’ble the Supreme Court and Hon’ble the Supreme Court vide
order dated 24.01.2025 has granted him. The operative part of the
order is as under:
Page 5 of 7
“Considering the period of incarceration of the petitioner and
the entire facts and circumstances of this case, we are of the
opinion that a case of bail is made out for the petitioner and
therefore, the prayer for bail is allowed.
Accordingly, the petitioner is directed to be released on bail
forthwith on the usual terms and conditions to be decided by
the concerned court.”
6. Thus, he would submit that the applicant is also entitled for bail on
the ground of parity, long incarceration period, completion of
investigation against him and no custodial remand is required as the
charge-sheet has already been submitted.
7. On the other hand learned State counsel vehemently objected the
submission made by learned counsel for the applicant and would
submit that after registration of the FIR sufficient material has been
collected by the prosecution and the statements of the witnesses
were recorded. He would further submit that the applicant has been
identified by the complainant and the mobile record of the applicant
also suggests his presence at the place of occurrence, Thus, he
would submit that there was involvement of the applicant in
commission of offence, therefore, he would pray for rejection of the
bail petition.
8. Learned State counsel would further submit that the present case
relates to the large scale violence and fire incident which took place
in the Balodabazar- Bhatapara District and it is a rare occurrence of
such a large scale of violence in the State of Chhattisgarh which has
caused damage of Government and public property to an estimated
amount of Rs. 4,03,950/-. He would further submit that all the FIRs
have been registered due to incident committed by the same mob at
different places at Baloda Bazar District which is not a big District
Page 6 of 7
causing estimated loss to Rs.10,21,00,000/- (Rs. Ten Crores Twenty
One Lakhs).
9. He would further submit that the accused persons have acted in
furtherance of the criminal conspiracy and have committed the
offence of rioting, used criminal force, assaulted public servants to
prohibit them from discharging their duties, by obstructing the public
way they have caused wrongful confinement, caused damages to
the property, set fire buildings and vehicles, and attacked the Police
Officers.
10. He would further submit that the serious allegations have been
leveled regarding the involvement of the present applicant in the
violence and agitation which ultimately resulted in destruction of
Public Property and public building at a large scale; wherein at
Collectorate building more than 257 vehicles have been burnt,
including the vehicles owned by Government Officers, 3 fire
extinguisher vehicles and many vehicles belonging to general public
have also been burnt during the incident. It would be pertinent to
mention here that the vehicles of one of the judicial officer of the
Family Court has also been burnt for which a different F.I.R. has
been registered. Looking to the nature and gravity of the offence
which resulted in destroying the peace & rule of law of the entire
State as well as the role of the applicants in provoking the riots and
the role in causing damage to the public property, the bail
application may kindly be rejected.
11. I have learned counsel for the parties and perused the diary and
considering the order passed by the Hon’ble Supreme Court in case
of Narayan Miri (Supra).
Page 7 of 7
12. Considering the fact that the applicant are in jail for last 6-7 months,
charge-sheet has been filed and also considering the fact that
conclusion of the trial may take some time, therefore, no fruitful
purpose would be served in continue detention of the applicant, as
such, without further commenting anything on merits of the case, I
am of the view that this is fit case to grant bail to the applicant.
13. Accordingly, the bail application filed under Section 483 of Bhartiya
Nagrik Suraksha Sanhita, 2023 is allowed and the applicant is
directed to be released on bail forthwith. It is directed that the
applicant shall be released on bail on furnishing a personal bond for
a sum of Rs. 25,000/- with one surety in the like amount to the
satisfaction of the concerned trial court. He is directed to appear
before the trial court on each and every date given to him by the
said trial court, till disposal of the trial.
Certified copy as per rules.
Sd/-
(Narendra Kumar Vyas)
Judge
Arun
[ad_1]
Source link