LAWS(CHH)-2023-2-21

VIKAS YADAV Vs. STATE OF CHHATTISGARH

Decided On February 06, 2023
VIKAS YADAV Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) The appeal under Sec. 14-A of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, (hereinafter referred to as "Special Act") has been filed against the order dtd. 11/11/2022 passed by Special Judge (SC/ST Act), and Additional Sessions Judge (FTC) Raigarh, CG rejecting the application u/s 439 Cr.PC in connection with the Crime No. 576/2022 registered at Police Station Kanker, Sarangarh, District Sarangarh, CG for the offence punishable under Ss. 147, 148, 294, 506, 323, 307 of IPC and Ss. 3 (1) (?) and 3(1) (?) of SC/ST Act (Prevention of Atrocities) Act.

(2.) Case of the prosecution in short is that on 2/11/2022, the complainant had gone to place the cricket in the ground, at that time at about 6 pm in the evening, the appellants Vikas Yadav with his 20 to 25 friends came there and beaten the complainant with the lathi (wooden rod) and also in the sword. The allegation against the present appellants is also that they are tied in the chain to the complainant and thereafter again beaten him, reluctantly the complainant caused grievous injuries on his head. On the complaint of the complainant, the police has registered the crime as mentioned above against the present appellants and other co-accused persons.

(3.) Learned counsel for the appellant seeks permission of this Court to withdraw the bail application appellant No. 1 - Vikas Yadav.