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2021 Supreme(Chh) 326

GOUTAM BHADURI
Sanat Kumar Kashyap S/o Kapilnath Kashyap – Appellant
Versus
State of Chhattisgarh Through The District Magistrate, Janjgir, (Police Station Mulmula) – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Vivek Singhal, Advocate
For the Respondent: Mr. Arjit Tiwari, Panel Lawyer
For the Objector :Mr. Akhtar Hussain, Advocate

ORDER :

1. The present appeal is arising out of order dated 30-9-2021 passed by the Special Judge (Atrocities), Janjgir, District Janjgir-Champa, in BA No.722/2021.

2. 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.186/2021, registered at Police Station Mulmula, District Janjgir-Champa (CG), for offence punishable under Sections 147, 294, 506, 323 of the Indian Penal Code and under Section 3¼1½¼n½¼/k½]3¼2½¼5&d½ of the Act, 1989.

3. As per the prosecution case on 5-8-2021 while the victim was working in her agricultural fields at that time few people of the village went there and left cattle to graze the field. When the victim objected the same, she was abused in the name of caste and threat was extended to kill her.

4. Learned counsel for the appellant would submit that the appellant has been falsely implicated in the case. He would further submit that the complainant herself encroached upon the Government land. In fact, the field was freed t

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