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Judgment
18 paragraphs · 368 wordsThe present appeal is arising out of order dated 01.10.2021 passed by the Special Judge (Atrocities), Mungeli, District Mungeli in Bail Application
No. 313/2021.
The appellant has preferred this appeal under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 (for short 'the Act, 1989') for grant of anticipatory bail under Section 438 of the Cr.P.C. as he apprehends his arrest in connection with Crime
No. 405/2021, registered at Police Station AJK Mungeli, District Mungeli (CG) for offence punishable under Sections 294, 506,341, 354, 329 and 34 of
IPC and Section 3 (1)( ) ( ) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
As per the prosecution case on 01.08.2021 a report was made by the victim that while she was coming back after purchase of grocery items few
of the boys stopped her and tried to outrage her modesty and thereafter while on her way back she was further stopped by the present applicants and
she was abused in the name of caste and also threat was extended that if report is made her life would be made miserable, thereby offence is
committed.
Learned counsel for the appellants would submit that the appellants are falsely implicated and there was no allegation of abuse in the FIR and
subsequently it was added, therefore, the appellants may be enlarged on anticipatory bail.
Per contra, learned State counsel opposes grant of anticipatory bail and read out the FIR and the statement of the complainant.
Considering the statement of the victim wherein it is categorically stated that she was abused in name of caste and apart from it the family
members of the appellants tried to outrage the modesty and this action has been repeated many times and lastly filthy abuse in the name of caste was
made. Considering the statement prima facie it would show that bar of Section 18 of the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989 would come into play so as to grant anticipatory bail.
In view of this, the appeal fails and the order of the learned court below dated 01/10/2021 is affirmed.