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CHHATTISGARH HIGH COURT
Goutam Bhaduri, J
Rafiq Khan v. State of Chhattisgarh
| Table of Content |
|---|
| 1. appeal relates to anticipatory bail under the atrocities act. (Para 1 , 2 , 3) |
| 2. state argues existing evidence supports the allegations. (Para 4) |
| 3. court finds no caste-based humiliation in the initial report. (Para 5 , 6 , 7) |
| 4. interpretation of s.18 indicates discretionary powers for bail. (Para 8 , 9) |
| 5. court allows appeal and grants anticipatory bail. (Para 10 , 11) |
1. This appeal has been preferred by the appellants / accused persons under S.14 - A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the "Act of 1989"), questioning the legality and propriety of the Order dated 09.06.2022 passed by the learned First Additional Sessions Judge, Surajpur, District Surajpur (as Special Judge (Atrocities), Surajpur, was on leave), in Bail Application No.360/2022 (Crime No.132/2022), whereby the application filed by the appellants under S.438 of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Cr.P.C.") has been rejected.
2. Case of the prosecution is that the appellants and their daughter namely Saggu, who are neighbours of the complainant, came in front of her house on 24-03-2022 at
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