GAURAV GUPTA Vs. SAURAV GUPTA

JUDGEMENT

(1.) The accused/appellants have filed this appeal under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "the SC/ST Act") for grant of anticipatory bail in connection with Crime No.496/2021 registered at Police Station Manendragarh, District Koria for the offence punishable under Ss. 186, 353, 294, 506, 323 and 34 IPC and Sec. 3 (1) (n)(/k), 3(2)(vd) of the SC/ST Act.

(2.) Case of the prosecution in nutshell is that the appellants have constructed a shade upon the drainage by encroachment on the Municipality's land. Thereafter, the Municipality had issued notice to the appellants but till 23/12/2021 the appellants have not removed the said encroachment. Thereafter, officers of the Municipality including the victim Gauri Kerketta were gone for Municipality CC road construction and for removing the said encroachment but at the same time the appellants came there and obstructed the government work and used abusive language in the name of caste of the victim and threatened the victim of her life.

(3.) Learned counsel for the appellants submits that accused/appellants are innocent and have been falsely implicated in the case. He further submits that appellants have not used any abusive language in the name of caste and they have been falsely implicated on account of political rivalries. He has also annexed stay order related to the said encroachment issued by SDO to the Municipality Manendragarh dtd. 14/2/2022 and submits that considering all these aspect the appellants may be granted anticipatory bail.