RAJARAM PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal under sec. 14A of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the "Special Act") is arising out of an order dtd. 27/10/2022 passed by Special Judge (Atrocities), District " Janjgir-Champa (C.G.) (for short Special Judge) in B.P. No. 944/22 by which the learned Spe-cial Judge has dismissed the application of the appellant under sec. 438 of the Code of Criminal Procedure, 1973. Appellant is apprehending his arrest in connection with Crime No. 256/2022, registered at Police Station " Baradwar, District " Sakti (C.G.) for the alleged offence punishable under Sec. 294, 506 of Indian Penal Code, 1860 and sec. 3 (2) (va) of the Special Act.

(2.) Case of the prosecution, in brief, is that on 6/9/2022 the present appellant by using filthy language threatened the complainant and further abused complainant by his caste and thereby committed the aforesaid offence.

(3.) Mr. Ishwar Jaiswal learned counsel for the appellant submits that the appellant is innocent and he has not committed the aforesaid crime and has been falsely impli-cated in the case. He further submits that the alleged incident took place on 6/9/2022 and the FIR was lodged on 30/9/2022 after a considerable delay. It is also submitted that appellant being Ex-Sapanch of village Paladi Khurd had made many complaints against the complainant as he was working as Hostel Superintendent in the said village. Wife of the appellant and villagers have also made various complaints against the complainant. He invited my attentions to documents in this regard appended with the appeal. He submits that the complainant had earlier threatened the appellant and his wife to implicate them in a false case under Special Act. Therefore, in order to save himself, the complainant has lodged a false report. He further submits that apart from the offences registered Special Act, rest of the offences are bailable in nature. He further submits that the appellant is a permanent resident of given address and he is ready and willing to comply with any of the conditions which may be imposed by the court while granting anticipatory bail. He placed reliance on the judg-ment of the Hon"ble Supreme Court in case of Prathvi Raj Chauhan Vs. Union of India reported in (2020) 4 SCC 727, order dtd. 12/3/2021 passed by coordinate bench of this court in CRA No. 992 of 2020 (Sonal Chand Vs. State of Chhattis-garh), and order dtd. 18/4/2022 passed in CRA No. 604 of 2022 (Javed Khan Vs. State of Chhattisgarh).