VIJAY GUPTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of order dated 18/06/2020 passed by the learned Special Judge (Atrocities) Balrampur-Ramanujganj by which, appellants' application for grant of anticipatory bail has been rejected mainly on the ground that bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act of 1989') operated against the appellant.

(2.) The appellants are apprehending their arrest in connection with Crime No.10/2020 registered at Police Station - Karoundha, District - Balrampur-Ramanujganj (C.G.) for alleged commission of offences under Section 451, 506 of IPC and Section 3 (2) (v) (a) of the Act of 1989.

(3.) A report/FIR was lodged by the complainant against the son of appellant No.1 - Vijay Gupta alleging commission of certain offences and therefore, the appellants forcibly entered the house of the complainant to withdraw the complaint against appellant's son - Jitendra Gupta. On the report, offence under Section 451, 506 of IPC and also Section 3 (2) (v) of the Act of 1989 was registered. The appellant's application for grant of anticipatory bail was moved stating that it is a case of false implication and no prima facie case under Section 3 (2) (v) (a) of the Act of 1989 is made out. The argument was, however, not accepted and the Court below, in view of bar created under Section 18 of the Act of 1989 rejected bail application as not maintainable. It is this order which is under challenge.