CHANDAN JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The accused/appellants who are in custody since 11/9/2021 have 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 bail in connection with Crime No.191/2021 registered at Police Station Magarlod, District Dhamtari for the offence punishable under Ss. 294, 323, 506, 341, 147, 148, 149, 427, 324 and 307 of IPC; Ss. 25 and 27 of the Arms Act and Ss. 3 (1) (r), 3 (1) (s), 3 (2) (V-A) and 3 (2) (v) of the SC/ST Act.

(2.) Case of the prosecution, in nutshell, is that on 1/8/2021, the complainant Champu lodged an FIR alleging that when he along his friends were going to Rajim, at that time, near Nawagaon, the accused persons came there and assaulted them by using stick, iron rod and knife. It is pertinent to mention here that earlier bail application filed by the accused/appellants was dismissed by this Court with liberty to revive the prayer after examination of the injured witnesses vide order dtd. 5/5/2022 in MCRC No.556/2022.

(3.) Learned counsel for the appellant submits that the accused/appellants are innocent and have been falsely implicated in the crime in question. He further submits that in earlier bail application it was observed that against the appellant No.1 - Chandan Jain, there are 10 criminal antecedents. He submits that out of 10 criminal antecedents 3 cases are related to Preventive Action and which are already culminated; in further 4 cases, he has already been acquitted and except this case, other two cases are pending before the Court of Judicial Magistrate First Class. He further submit injured witnesses have already been examined. He also submit that 5 co-accused persons have already been released on bail and similarly situated co-accused Kapil Thakur was also released on bail by this Court vide order dtd. 6/3/2023 in CRA No.2045/2022. He further submit that the appellants are behind the jail since 11/9/2021 and since then long time has been lapsed, therefore, they may be enlarged on bail.