ASHWIN SAHADEV CHINCHULKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this appeal under Sec. 14A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (the SC and ST Act), the appellant (the accused) has challenged order below Exhibit-1 dtd. 6/4/2014 passed by learned ASJ and Special Judge, SC & ST Act, Nagpur in Criminal Bail Application No.857/2024 whereby application filed by the accused for grant of anticipatory bail came to be rejected.

(2.) The appellant was arraigned as accused on the basis of report lodged by the victim who is a grown up lady on an allegation that she received a friend request from the accused on Facebook to which she replied and there was exchange of messages between them. In the month of August 2023, she was called by the accused in a hotel namely "œRoyal Stay " and was subjected for sexual assault. On the basis of the said report, the police registered the crime against the accused.

(3.) After registration of the crime, the accused approached the Special Court at Nagpur for grant of bail by filing an application bearing Criminal Bail Application No.857/2024 which was rejected by the trial court by observing that there is a bar under Sec. 18 of the SC and ST Act.