JUDGMENT/ORDER

VIBHA KANKANWADI, J. - Admit.

2. Present Appeal has been filed under Sec. 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (for short "the Atrocities Act ") to challenge the order dtd. 21/2/2023 passed by the learned Special Judge under the Atrocities Act and Additional Sessions Judge, Ambajogai, below Exhibit-5 in Special Atrocity Case No.90 of 2022, thereby rejecting the bail application filed under Sec. 439 of the Code of Criminal Procedure by the present appellant. The present appellant has been arrayed as accused No.1 in the said case. It is arising out of Crime No.437 of 2022 registered with Ambajogai City Police Station, Taluka Ambajogai, District-Beed on 6/10/2022 for the offence punishable under Ss. 143, 147, 148, 149, 120-B, 302, 324, 326, 504 of the Indian Penal Code and Ss. 3(2)(v) and 3(1)(r)(s) of the Atrocities Act.

3. Heard learned Advocate Mr. Thombre appearing for the appellant, learned APP appearing for the State and learned Advocate Mr. Telgaonkar appearing for respondent No.2.

4. It has been vehemently submitted on behalf of the appellant that since the application was under Sec. 439 of the Code of Criminal Proc