ASHISH TIWARI 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 anticipatory bail in connection with Crime No.581/2022, registered at Police Station Tikrapara, District Raipur for offence under Ss. 376 (2)(v) and 506 of the IPC and Sec. 3(2)(v) of the Act.

(2.) At the outset, learned counsel for the appellant would submit that earlier the appellant was enlarged on anticipatory bail vide order dtd. 23/1/2023 passed in MCRCA No.1550/2022 for offence punishable under Ss. 376(2)(n) and 506 of the IPC, though at that time, offence under Sec. 3(2)(v) of the Act has already been added, but inadvertently, the said fact could not be brought to the notice of the Court and the order was passed without considering the offence under Sec. 3(2)(v) of the Act. As the appellant had reasonable apprehension to be arrested under the aforesaid Act, he has preferred an application for grant of anticipatory bail before the Special Judge (Atrocities), Raipur and the same was dismissed vide order 16/2/2023. Hence present Appeal has been filed.

(3.) Learned counsel for the appellant would further submit that the appellant and the complainant have already compromised the matter and the appellant has been falsely roped in the offence and that he has already been enlarged on anticipatory bail on similar facts. Considering all the aspects, he may be released on anticipatory bail.