JUDGEMENT
Arvind Singh Chandel,J. -
(1.)This appeal has been preferred under Section 14(A)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 against impugned order dated 26.08.2020 passed by learned Special Judge, Atrocities, District: Bilaspur (C.G.) in Bail Application No.1199/2020, whereby the Trial Court has rejected bail application of the appellant preferred under Section 439 of Cr.P.C. which relates to crime number 801/2019, registered at Police Station: Civil Line, District: Bilaspur (C.G.) for the offence punishable under Sections 294, 323 and 506/34 of IPC and Section 3 (1) (10) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(2.)According to the case of prosecution, initially on 17.10.2019, the prosecutrix in this case lodged FIR against co-accused namely Navin Tiwari, on the basis of report made by prosecutrix, offence under Section 376 and 506 of IPC had been registered against Navin Tiwari. Thereafter, Navin Tiwari was granted benefit of anticipatory bail by this Court. Thereafter, the present FIR has been filed by the prosecutrix alleging therein that, on the date of incident present Appellant and other co-accused persons harassed the prosecutrix to withdraw her complaint and threatened her that they will kill her brother. On the basis of said report, initially offence under Section 294, 323 and 506/34 of IPC were registered. Since, prosecutrix belongs to Scheduled Caste community, therefore, offence under Section 3 (1) (10) of SC/ST Act was added later on. The appellant was arrested on 25.08.2020. Thereafter, he filed an application under Section 439 of Cr.P.C. before learned Special Judge, Atrocities, Bilaspur, District Bilaspur (C.G.) and the said has been rejected by the learned Special Judge vide order dated 26.08.2020. Hence, this appeal.
(3.)Learned Counsel appearing on behalf of the appellant submits that the appellant is innocent. Virtually, co-accused Navin Tiwari has been granted benefit of anticipatory bail by this Court vide order dated 03.03.2020 passed in MCRCA No.1918/2019. Thereafter, to create pressure false and fabricated report has been lodged by the prosecutrix against the present Appellant. Learned counsel further submits that the Appellant is in jail since 25.08.2020, charge-sheet has not yet been filed, therefore, trial is likely to take time, therefore, it is prayed that the Appellant may be released on bail.
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