JAWED KHAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellant has 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.0005/2022 registered at Police Station Ajak Janjgir, District Janjgir-Champa for the offence punishable under Ss. 294, 323 and 506 IPC and Ss. 3 (1) (r), 3 (1) (s) and 3 (2) (va) of the SC/ST Act.

(2.) As per the prosecution case, the victim who is posted as Panchayat Secretary has lodged an FIR on 15/3/2022 against the appellant who is posted as Up-Srapanch in Village Pndidalha that on 22/1/2022 a Panchayat Meeting was held in which present appellant has made certain corrections in proposal register of Panchayat and when the complainant objected this act, the appellant abused him in filthy language. Thereafter, at about 2 PM the appellant again came there and abused him in the name of his caste, grab his collar and also threatened to kill him in presence of other members. Thereafter, the offence has been registered against the appellant under the aforesaid Sec. .

(3.) Learned counsel for the appellant submits that appellant is innocent and has been falsely implicated in the case. He submits that victim has lodged FIR only to create pressure upon the appellant to withdraw the complaints lodged by appellant regarding embezzlement of Government fund by Sarpanch and victim/Panchayat Secretary. Learned counsel has filed certain documents in support of his contention and submits that certain withdrawals have been made after the death of late Budhwara Bai. He further submits that CEO of Janpad Panchayat Akalatara vide letter dtd. 6/10/2021 addressed to the Collector, District Janjgir-Champa found certain negligence by the Gram Panchayat and recommended for necessary action. Learned counsel further submits that the appellant has not committed any offence as alleged against him. He has not made any filthy comment with intent to humiliate the complainant in public view. He submits that as such no incident took place, the witness Saroj Kumar and Vinod Kumar have given the representation to the Superintendent of Police, District Janjgir-Champa in support of the appellant. He also submits that FIR has been lodged with delay of almost two months and no explanation has been given in this regard. Therefore, considering all these aspects, the appellant may be granted anticipatory bail.