SUNITA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This application under Sec. 438 of the Code of Criminal Procedure has been filed by the accused/applicant for grant of anticipatory bail in connection with Crime No.158/2017 registered at Police Station City Kotwali, Balodabazar, Bhatapara for the offence punishable under Ss. 147, 148, 149, 186, 332 and 353 of IPC.

(2.) Facts of the case in brief is that husband of the applicant No.1 namely Jaswant Saluja @ Nikku Saluja was initially taken to the police station for violation of traffic rules. It is alleged that due to atrocities committed by complainant Ashutosh Banjare, posted as Constable in Traffic Police and other police officers, Jaswant Saluja died. As per instant FIR lodged by complainant Ashutosh Banjare, on 19/4/2017 at about 4 PM, on account of death of Jaswant Saluja, some members of Sikh community made a procession and gave a memorandum to the Sub Divisional Magistrate, Balodabazar for proper enquiry in the matter. It is alleged that while they were returning from the office of the S.D.M., near Housing Board Tiraha, (Trijunction) some police personnel and present complainant, who were on duty, started shouting at them by saying that the complainant is one of the person who had issued Challan to deceased Jaswant Saluja. It is alleged that Tonu Saluja, Raju Saluja, Keshar Saluja, Satpal Saluja, Sumit Chawla, Pintu Saluja, Chintu Saluja and family members of the deceased and other 15-20 persons caught hold of the complainant and started beating him by hands and fists. Thereafter, the complainant rushed to the police station. There also the aforesaid persons chased the complainant and entered into the police station and again started beating the complainant Ashutosh Banjare and torn his police uniform. The said incident was witnessed by many police persons present there. Thereafter, complainant Ashutosh Banjare lodged the instant FIR at Police Station Baloda vide FIR No.158/2017. In connection with the alleged incident, after making arrest of other accused namely Daljit Singh @ Chintu Saluja, Nirmal Singh Saluja @ Tonu and Sumit Singh Chawla, the charge sheet was filed. Later on, Criminal Revision No.54/2018 was preferred by them before the High Court in which vide order dtd. 5/2/2018, charges framed under Sec. 3 (1) (r) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 were struck down. However, charges framed under Ss. 148, 186/149, 332/149 and 353/149 remained intact.

(3.) Learned counsel for the applicants submits that a false and fabricated case has been made out against the applicants. The complainant is a Constable in the Police Department. He further submit that at the time of incident, applicant No.3 - Sonam was minor. He also submit that the present applicants have not participated in the alleged act of beating the complainant. He further submits that the applicants have been falsely implicated in the alleged offence, as they were regularly making complaints against complainant Ashutosh Banjare that he is the main culprit, who caused death of deceased Jaswant Saluja by torturing him. The applicants have also preferred WPCR No.226/2017 before this High Court for taking appropriate action against the complainant in which vide order dtd. 30/10/2017, the Superintendent of Police was directed to ensure that the applicants and their family members shall not be subjected to any atrocities or pressure tactics by any police authorities and their safety shall be ensured. He lastly submits that looking to the atrocities committed by the complainant and considering the circumstances of the case, the applicants may be granted anticipatory bail. He also submits that the applicants shall abide by all the terms and conditions imposed on them, if this Court is inclined to grant bail to the applicants.