NIKHIL RAO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant has preferred this Appeal being aggrieved by the order dtd. 13/10/2022 passed by the Special Judge (SC/ST Act), Dhamtari whereby the learned Special Judge has rejected the application preferred by the appellant under Sec. 439 of the CrPC for grant of bail, as the appellant has been arrested in connection with Crime No.191/2021, registered at Police Station Magarlod, District Dhamtari for offence under Ss. 294, 323, 506, 341, 147, 148, 149, 427, 324, 307 of the IPC; Ss. 25 and 27 of the Arms Act and Sec. 3(1)(R), 3(1)(s), 3(2)(v-a) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Case of the prosecution is that an FIR was lodged by injured Champu alleging that on 1/8/2021 at about 3 pm the present appellant, Chandan Jain, Kapil Thakur, Manish Nishad and others had threatened him and his friends, used filthy language and also assaulted him with iron rod and knife.

(3.) Learned counsel for the appellant would submit that the appellant is in jail since 30/9/2021. Other co-accused namely, Manish Nishad has already been enlarged on bail vide order dtd. 30/6/2022 passed in CrA No.630/2022 and the bail of the present appellant has been rejected on the ground that the present appellant was having criminal antecedent pertaining to the year 2014. However, the present appellant has been acquitted in the said case vide judgment dtd. 12/10/2017 passed by the Additional Sessions Judge, Gariyaband in ST No.16/2016. Copy of the judgment has been annexed with the appeal. He further submits that the injured has been examined and he has made general and omnibus statements against all the accused persons. He also submits that no injury was caused on the vital part of the body of the victim. Therefore, learned counsel prays to allow the appeal and release the appellant on bail.