KAPIL THAKUR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The appellant has preferred this Appeal under Sec. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act') for grant of bail 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 Act.

(2.) This is the 3rd bail application on behalf of the appellant. The earlier bail application has been rejected by this Court on merits vide order dtd. 5/5/2022 passed in CRA No.556/2022 reserving liberty to revive the prayer after examination of the injured witnesses, and the second bail application was dismissed as withdrawn vide order passed in CRA No.1958/2022 on 14/12/2022.

(3.) Learned counsel for the appellant submits that the first bail application was rejected considering the fact that there are 7 criminal antecedents of the appellant. He submits that out of 7 cases, the appellant has already been acquitted in 6 cases and only one case is pending in which charges have been framed. He also submits that all the offences were registered while the applicant was minor and the cases were tried by the Juvenile Justice Board, and one case which is pending relates to the offence under Ss. 147, 427, 353 read with Sec. 149 of the IPC and Sec. 3 of the Chikitsa Sewak Tatha Chikitsa Sewa Sansthan (Hinsa Tatha Sampatti Ki Kshati Ya Hani Ki Roktham) Adhiniyam, 2010. He has also drawn attention of the Court towards the statement of Dr. Tejendra Kumar Sahu (PW-5) at para-18 wherein it has been categorically deposed that he has not given any opinion about the injuries caused to the injured persons to be fatal in nature. He further submits that no fracture injury was caused to the injured persons. Lastly, he submits that the appellant is in jail since 11/9/2021 and out of 9 accused persons, 4 accused have already been released on bail, so, the present appellant may also be released on bail.