GURVINDRA SINGH Vs. STATE

JUDGEMENT

(1.) Accused-Appellant has laid this appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, 'Act of 1989') to assail impugned order dated 02.09.2020 passed by Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act Cases, Sri Ganganagar (for short, 'learned trial Court'). By the order impugned, learned trial Court has rejected bail application of the petitioner in respect of FIR No.153/2020 of Police Station Sri Karanpur, District Sri Ganganagar for offences under Sections 341, 323, 34 of IPC and Section 3(1)(r)(s), 3(2)(va) of Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act Cases.

(2.) Learned counsel for the petitioner contended that there are omnibus allegations against the petitioner just with a view to create undue pressure upon the appellant. The appellant has falsely been impleaded in the present case. It is also submitted that the offences of Scheduled Caste/Scheduled Tribe have allegedly been leveled only with an intent to implicate the petitioner in the matter.

(3.) Learned Public Prosecutor though opposed the appeal, however, candidly conceded that the Investigating Officer in his report submitted that after investigation it is found that no offence under Section 382 IPC and Section 3(2)(V) of the SC/ST Act is made out. Learned Public Prosecutor has also placed on record a copy of the report submitted by the Investigating Officer in this regard.