RAJNISH MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals are arising out of same crime number i.e. 58/2020 they are being considered and decided by this common order.

(2.) The appellants have preferred these appeals for grant of anticipatory bail, as they apprehend their arrest in connection with Crime No.58/2020, registered at Police Station- Utai, District: Durg (C.G.) for the offence punishable under Sections 294, 323, 34, 506 of Indian Penal Code and Under Section 3(1)(x) {now re-numbered as 3(1)(r)} of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) In the First Information Report lodged by Narmada Bai, mother of Paleshwar Thakur, Sarpanch of Gram Panchayat -Marra, police station- Utai, District- Durg (C.G.) on 26-02-2020, she alleged that when she was in her house at about 7 p.m. on 25-02-2020, present appellants Rajnish Mishra, Vijay Jain and Dilip Jain reached to her house and started enquiring about her son. When informed that her son is not in the house, they started abusing her in the name of her caste saying that "gond ganwar sarpanchi nahi kar sakte". In her statement under Section 164 of Cr.P.C. recorded after three months i.e. on 22-05-2020, she would make further allegations that the appellant Rajnish Mishra caught hold of her hand and when she tried to free herself, she was pushed on the ground.