IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR

Criminal Appeal No. of 2020

APPELLANT : Pavas Sharma, aged about 24

(Not in Jail) years, S/o Shri Tarun Kumar Sharma,
R/o E-13, Medical College, Colony, Jail
Road, Raipur, District - Raipur (C.G.).

VERSUS

RESPONDENTS : 1. State of Chhattisgarh

Through: The Station House Officer,
Police Station - Gole Bazar, Raipur,
District - Raipur (C.G.).

2. Payal Kosle, aged about 23 years,

D/o Shri LM Kosle, R/o Santoshi
Nagar, Raipur, Chhattisgarh.

CRIMINAL APPEAL UNDER SECTION 14(A) (ii) OF SCHEDULED

CASTE AND SCHEDULED TRIBE (PREVENTION OF
ATROCITIES) ACT, 1989

Crime No. 74/2020 of Police Station – Gole Bazar, Raipur, District-

Raipur (C.G.)

Crime No. 74/2020

Police Station Police Station - Gole Bazar, Raipur,

District-Raipur (C.G.)

Offence U/s 294, 324, 506 of Indian Penal Code

and Section 3(2)(v) of Scheduled
Caste & Scheduled Tribe
(Prevention of Atrocities) Act, 1989
Present status Investigation is pending

The appellant has not filed any bail application before the

learned Court below and directly filing this appeal before this Hon’ble

Court.
 FACTS OF THE CASE

1. That, appellant is a bonafide and peace-loving citizen of India

and is a permanent resident of the address mentioned in the

cause title of the present appeal.

2. That, according to the case of prosecution, it is alleged that

the appellant and complainant are well known / acquainted to

each other and they share very friendly and amicable

relations. On the day of alleged incident, the complainant

came by her Scooty near the house of the appellant and left

her scooty in front of appellant’s house and went along with

the appellant by his Car bearing registration no. UP-16-BF-

7785 to spend some leisure time while driving along the city

Raipur. During their way, appellant asked complainant to stop

talking to one Ishika Wadhwani and it has been claimed that

when she objected the same, appellant beaten her and when

she tried to call his father, appellant snatched her phone and

threw it outside the car and started hurling abuses over her

and assaulted her in front of the public and she also averred in

the complaint that appellant has offered her 10 Lakhs to

remain silent and not tell about the said incident to anyone.

Aggrieved by the said incident, she went to the police station

and lodged a complainant and on the basis of which

respondent police station registered aforesaid FIR against the

appellant bearing crime no. 74/2020 under section 294, 323

 and 506 of IPC, 1860 and Section 3 (2)(v) of SC ST

(Prevention of Atrocities) Act, 1989.

3. That, the appellant is innocent and he is being falsely

implicated in the present case by the complainant without any

basis and the bare reading of FIR would show that no prima

facie offence is made out against the appellant and the

allegations levelled therein are nothing but tissues of

concocted lies having no relations with the truth. The present

appellant is apprehending his arrest in connection with

aforesaid offences and hence, the necessity of this appeal on

below mentioned grounds by the appellant:-

GROUNDS

I. For the reason that, the appellant is innocent and he is

falsely implicated in the present case by the

complainant.

II. For the reason that, the appellant and complainant are

well known to each other and on the date of alleged

incident she herself came to the house of appellant and

she voluntarily went with the appellant to spend some

leisure time by roaming around the city Raipur.

III. For the reason that, along the way some dispute

happened between the appellant and complainant and

that’s why she, with mala fide intention to harass and

 extort money from the appellant levelled such false and

baseless accusations.

IV. For the reason that, no prima facie case is made out

against appellant & there is no incriminating materials or

evidences on record to show that he has committed any

such offences registered against him and despite of that

he is being harassed & victimized.

V. Because, appellant has not committed any act which is

punishable u/s under section 294, 323 and 506 of IPC,

1860 and Section 3 (2)(v) of SC ST (Prevention of

Atrocities) Act, 1989 and registration of case against

him is gross abuse of process of law and the contents

made in F.I.R are incorrect, perverse and based on

conjectures and surmises and appellant has not

committed any act which is against the law and order as

alleged in the FIR lodged against him.

VI. For the reason that, complainant has lodged such false

and frivolous complaint against the appellant just with

malicious intention to harass and extort money from the

appellant which is quite evident from the contents of FIR

and it is pertinent her to submit that she is demanding

Rs. 10,00,000/- from the appellant, but due to non-

fulfillment of said demand, the complainant has lodged

baseless complaint against the appellant.

VII. For the reason that, the alleged offences are not

punishable by life or death imprisonment and each and

every registered offences are simple in nature and

Respondent Police has falsely registered the FIR under

Section SCST Act without there being any allegations

made to that effect.

VIII. For the reason that, the appellant has not abused the

complainant with derogative and filthy language in the

name of her caste and therefore the offence under

Section 3(2)(v) of SC/ST Act is not attracted against the

appellant.

IX. For the reason that, the complainant has lodged false

and fabricated report against the appellant with

exaggerated story.

X. For the reason that, if the case of prosecution is taken

as it is then also the alleged offences are not made out

against the appellant.

XI. For the reason that, the appellant has no criminal

antecedent and is a student who is currently planning to

pursue Master’s and arrest will adversely affect his

mental state as well as his career and future

possibilities.
XII. For the reason that, when the alleged incident took

place between the appellant and complainant, she gave

a statement before the Police Station – Azad Chowk

that she doesn’t want any proceeding against the

present appellant but all of a sudden she lodged a

report against the present appellant before Respondent

No.1 Police Station which clearly demonstrates that the

she has cooked an afterthought story with mala fide

intent to harass and extort money from the present

appellant.

XIII. For the reason that, the patient of Covid-19 has also

been detected in jail premises and looking to the

numbers of prisoner, there is no possibility to maintain

social distancing in jail premises, therefore, no fruitful

purpose will be served if the appellant will be sent

behind bar.

XIV. For the reason that, the appellant belongs to a reputed

family in the society and if he will be arrested, his

reputation will be ruined.

XV. For the reason that, the appellant will appear before the

trial Court during course of trial and he shall not misuse

the liberty, if granted by this Hon’ble Court and abide by

all the directions of this Hon’ble Court.

 XVI. That, any other grounds will be raised at the time of

hearing with the leave of the Hon’ble Court.

PRAYER

It is therefore, most respectfully prayed that this Hon'ble High

Court may kindly be pleased to grant bail to the appellant in the

event of his arrest in connection with aforesaid offence, in the

interest of justice.

Bilaspur (Sharad Mishra, Adv)

Date : .2020 Counsel for the Appellant

CERTIFICATE

It is certified that due care has been taken in the case to

comply with the provisions of Chhattisgarh High Court Rules.

Bilaspur (Sharad Mishra, Adv)

Date : .2020 Counsel for the Appellant
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT

BILASPUR

Criminal Appeal No. of 2020

APPELLANT : Pavas Sharma

(Not in Jail)
VERSUS
RESPONDENT : State of Chhattisgarh & another

INDEX

S.NO. PARTICULARS ANNEX. PAGE NO.

01. Synopsis

02. Memo of appeal along with

certificate & affidavit

03. Memo of appearance

Bilaspur (Sharad Mishra, Adv)

Date : .2020 Counsel for the Appellant
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT
BILASPUR
Criminal Appeal No. of 2020

APPELLANT : Pavas Sharma

(Not in Jail)
VERSUS
RESPONDENT : State of Chhattisgarh

SYNOPSIS

Crime No. 74/2020

Police Station Police Station-Gole Bazar, Raipur,

District-Raipur (C.G.)

Offence U/s 294, 324, 506 of Indian Penal Code

and Section 3(2)(v) of Scheduled
Caste & Scheduled Tribe
(Prevention of Atrocities) Act, 1989
Present status Investigation is pending

The appellant is innocent and he has been falsely

implicated in the present case by the complainant even without there

being no prima facie case against him. Appellant has not filed any

bail application before the learned Court below and directly filing this

appeal before this Hon’ble Court.

DATE EVENTS

7-09-2020 FIR was registered against the present appellant

Bilaspur (Sharad Mishra, Adv)

Date : .2020 Counsel for the Appellant
 IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT
BILASPUR

Criminal Appeal No. of 2020

APPELLANT : Pavas Sharma

(Not in Jail)
VERSUS
RESPONDENT : State of Chhattisgarh & Anr.

AFFIDAVIT

I, Pawas Sharma, aged about 24 years, S/o Shri Tarun Kumar

Sharma, resident of E-13, Medical College, Colony, Jail Road,
Raipur, District-Raipur (C.G.), do hereby solemnly affirm on oath as
under: -

1. That, I am appellant, therefore fully conversant with the facts

and circumstances of the case.

2. That, the present criminal appeal has been drafted by my

Counsel as per my instructions and the contents thereof are
true and correct to my personal knowledge and belief.

3. That, to the best knowledge of the deponent, there is no co-

accused in this case.

VERIFICATION

I, Pawas Sharma, the above-named deponent do hereby

verify that the contents of the affidavit from paras 1 to 3 are true to
my personal knowledge. Hence verified signed and on
….........2020 at Bilaspur (C.G.).

Identified by me