Facts
The appeals challenged orders refusing bail to the appellants, who were in custody in connection with Crime No. 1009/2025, registered following the fatal assault of Harish Shayar @ Bhaka.
Source reference: para. 1–3The prosecution alleged that the incident arose from prior enmity and involved multiple accused; the appellants faced charges under provisions of the Bharatiya Nyaya Sanhita, the Arms Act and the SC/ST (Prevention of Atrocities) Act, 1989.
Source reference: para. 1–3Ajay Gendre argued that he was not named in the initial Dehati Merg Intimation, no weapon or incriminating article had been seized from him, the charge-sheet had been filed, and certain co-accused had received bail.
Source reference: para. 4Chudamani Sahu and Rahul Sahu submitted that the fatal injury was attributed to co-accused Yogesh Sen, that the allegations against them concerned injuries to other persons, and that a cross-FIR had been registered.
Source reference: para. 5The State opposed bail, relying on eyewitness statements naming the appellants.
Source reference: para. 6Issues
Whether the appellants should be granted bail in appeals under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989, having regard to the allegations and material on record.
Source reference: para. 1–2, 7–9Whether the fact that the fatal injury was attributed to a co-accused, rather than the appellants, warranted granting bail to the appellants.
Source reference: para. 5, 8–9Law Applied
Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 provides the appellate route invoked to challenge the Special Judge’s bail orders.
Source reference: para. 1–2The Court assessed the bail applications by considering the nature and gravity of the alleged offence, the material in the case diary, the eyewitness accounts and the specific roles attributed to the appellants.
Source reference: para. 7–9The prosecution’s case included charges under the Bharatiya Nyaya Sanhita, the Arms Act and Section 3(2)(v) of the 1989 Act.
Source reference: para. 1–2The order cites no precedent or further express legal test.
Source reference: no citationReasoning
The Court considered the case diary and noted that three eyewitnesses had specifically named the appellants in statements recorded under Section 180 of the BNSS.
Source reference: para. 6–8Although the fatal injury was attributed to Yogesh Sen, the Court observed that the appellants were alleged to have assaulted other injured persons; it therefore did not treat the distinction in the alleged roles as sufficient to justify bail.
Source reference: para. 8Given the eyewitness material, the roles attributed to the appellants and the seriousness of an incident resulting in a death, the Court declined to grant bail.
Source reference: para. 8–9Holding
The Court dismissed both criminal appeals and refused bail to all appellants.
Acts & Sections Cited
10 provisions across 4 statutes referred to in this judgment. Each provision opens on LawLens.
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 19891
Bharatiya Nyaya Sanhita, 20236
Arms Act, 19592
Bharatiya Nagarik Suraksha Sanhita, 20231
Original Court PDF
AJAY GENDRE @ SONUvsSTATE OF CHHATTISGARH
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