RAM SAKAL PRASAD GUPTA, Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the accused/appellant under Section 14A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is directed against the order dated 07.09.2020 passed by the Special Judge (SC/ST Act), Balrampur at Ramanujganj (C.G.) in Bail Application Case No. 389/2020, refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 03.09.2020 in connection with Crime No. 04/2020 for the offence punishable under Sections 294, 506 and 323 of IPC and Section 3(2) (v) A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- Chando, District Balrampur-Ramanujganj (C.G.)

(2.) Complainant/Victim namely Avinash Bhagat appeared before this Court in person and he has objection to grant of bail to the appellant by this Court.

(3.) As per prosecution story, on 10.02.2020, complainant was returning from market to his house at Village Madawa and when he reached near the house of Shyamu Singh, the present appellant came and asked the complainant as to why he was not giving side and started abusing him filthily and assaulting the complainant due to which, complainant sustained injury. Thereafter, the complainant lodged the report against the appellant in Police Station Chando.