KAILASH KASHYAP 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 28.09.2020 passed by the Special Judge (SC/ST Act), Jagdalpur, District Bastar (C.G.) in Bail Application No. 12/2020, refusing to allow his regular bail under Section 439 Cr.P.C. The appellant is in jail since 25.09.2020 in connection with Crime No. 123/2020 for the offence punishable under Sections 341 and 354 of IPC and Section 3(1) (w) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered at Police Station- Outpost Bakawand, P.S. Adim Jati Kalyan Thana, Jagdalpur, District Bastar (C.G.)

(2.) Prosecutrix/Victim appeared before this Court in person and she has objection to grant of bail to the appellant by this Court.

(3.) Allegation against the present appellant is that on the date of incident, when the prosecutrix was returning from the grocery shop, the appellant and his associate came to the prosecutrix on motorcycle and took her to Nilgiri Plant, where the appellant tried to outrage her modesty. When the prosecutrix shouted, Guddu, Vinod, Fagnu and Mangal reached there and the appellant fled from there.