Gaurav Gupta vs Saurav Gupta

The accused/appellants have filed this appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short “the SC/ST Act”) for grant of anticipatory bail in connection with Crime No.496/2021 registered at Police Station Manendragarh, District Koria for the offence punishable under Sections 186, 353, 294, 506, 323 & 34 IPC and Section 3 (1) (n)(/k), 3(2)(vd) of the SC/ST Act.

Case of the prosecution in nutshell is that the appellants have constructed a shade upon the drainage by encroachment on the Municipality’s land. Thereafter, the Municipality had issued notice to the appellants but till 23.12.2021 the appellants have not removed the said encroachment. Thereafter, officers of the Municipality including the victim Gauri Kerketta were gone for Municipality CC road construction and for removing the said encroachment but at the same time the appellants came there and obstructed the government work and used abusive language in the name of caste of the victim and threatened the victim of her life.

Learned counsel for the appellants submits that accused/appellants are innocent and have been falsely implicated in the case. He further submits that appellants have not used any abusive language in the name of caste and they have been falsely implicated on account of political rivalries. He has also annexed stay order related to the said encroachment issued by SDO to the Municipality Manendragarh dated 14.02.2022 and submits that considering all these aspect the appellants may be granted anticipatory bail.

Per contra, learned State counsel opposes the prayer for bail. However, he submits that no previous criminal antecedents have been registered against the appellants. Victim of the present case also appeared before this Court through video conferencing and opposes the bail application.

Having heard learned counsel for the parties and considering the facts and circumstances of the case particularly, considering the stay order issued by SDO and also considering that the dispute arises because of encroachment and not because of caste of the victim, without further commenting anything on merits, this Court is of the opinion that the accused/appellants can be granted anticipatory bail.

Accordingly, the appeal is allowed and it is directed that in the event of arrest of the appellants, on their furnishing a personal bond in the sum of Rs.25,000/- with two sureties each for the like sum to the satisfaction of the arresting Officer, they shall be released on bail on 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 them from disclosing such fact to the Court or to any police officer,

(c) they shall not act in any manner which will be prejudicial to fair and expeditious trial,

(d) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial,

(e) they shall not involve themselves in any offence of similar nature in future.