BASANT SHUKLA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellant has filed this appeal under Sec. 14 (A) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short "the SC/ST Act ") for grant of anticipatory bail in connection with Crime No.03/2022 registered at Police Station AJAK, Janjgir, District Janjgir-Champa for the offence punishable under Ss. 294 and 323 of IPC and Ss. 3(2) (V-A), 3 (1) (?) and 3(1) (?) the SC/ST Act.

(2.) Prosecution case, in brief, is that the appellant has been retired from the post of Head Constable, Police Station Akalatara on 28/2/2022. During his services, he was investigated one criminal case filed by one Tripal Sahu therefore, the appellant called the complainant Sahdeo Singh Gond who was party in the said case for recording his statement. It was alleged against the appellant that during investigation he had abused the complainant and also beaten him with leg and demanded Rs.10,000.00. Therefore, the FIR was lodged and offences were registered.

(3.) Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the case. He submits that the appellant had bonafidely discharged his duties while he was in services and when the appellant retired from his services, the complainant by using his status lodged the false FIR. Counsel also submits that there was dispute for about a long period between the complainant and Tripal Sahu and his family for which present appellant has filed Instgasha under Ss. 107/116 (3) Cr.P.C. for taking preventive action against both the parties before the Executive Magistrate, Janjgir Champa on 26/2/2022, copy of which is annexed with the petition therefore, as a counter blast, the complainant lodged the complaint against the present appellant. Therefore, considering all these aspect the accused/appellant may be enlarged on bail.