AMAN MAHANT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred under Section 14(A)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against impugned order dated 26.02.2021 passed by learned Special Judge (Atrocities), Janjgir-Champa (C.G.) in Bail Application No.136/2021, whereby the Trial Court has rejected regular bail application of the appellant preferred under Section 439 of Cr.P.C. which relates to Crime Number: 56/2021, registered at Police Station: Nawagarh, District: Janjgir-Champa (C.G.) for the offence punishable under Section 294, 506, 323, 307/34 of IPC and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) According to the case of prosecution, on 26.01.2021, some dispute took place amongst the Appellant and the victim Vijay Baghel due to the horn of their vehicles. Both the parties assaulted each other. On the basis of said, offence has been registered. During course of investigation, on 05.02.2021, the Appellant was arrested. Thereafter, the Appellant filed an application under Section 439 of Cr.P.C. before learned Special Judge (Atrocities) Janjgir-Champa (C.G.) and the said has been rejected by the learned Special Judge vide order dated 26.02.2021. Hence, this appeal.

(3.) Learned Counsel appearing on behalf of the appellant submits that the appellant is innocent and falsely implicated in the present case. He submits that only because of the horn of their vehicles dispute took place between the parties. He submits that the Appellant is in jail since 05.02.2021, charge-sheet has not been filed and trial will take some time, therefore, it is prayed that the Appellant may be released on bail.