Anil vs State Of Madhya Pradesh

Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 12/07/2019 passed by Special Sessions Judge (Atrocities), Shivpuri; whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.

Appellant is in custody since 26/06/2019 in connection with Crime No. 136/2019 registered at Police Station Physical, District Shivpuri for the offence punishable under Sections 307, 323, 294 and 34 of IPC and Sections 3 (2)(V) and 3(2)(5-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is alleged by learned counsel for applicant that investigation is complete in the matter and charge-sheet has been filed. He has further alleged that presence of present applicant is doubtful. He has further drawn attention of this Court to FIR and has pointed out that there is no specific allegation against the present applicant and has not inflicted any injury to anyone. There is no recovery from the possession of the applicant. Cross case has also been registered against the complainant at Crime No. 137/2019 at Police Station Physical, District Shivpuri on 24.06.2019 i.e. on the same day, wherein injuries were also sustained to the complainant party. He has further drawn attention of this Court to the arrest memo of accused persons wherein, they have received injuries as clearly reflected in the MLC, but there is no injuries to the applicant, therefore, the presence of applicant is doubtful. Upon these grounds, he prays for bail.

Per contra, learned counsel for the State has opposed the bail application and has contended that present applicant and other co-accused persons armed with weapons went to the house of the complainant and inflicted the injuries to the complainant. The incident has taken place on two parts, in the first part, minor altercation between the parties, which resulted into the second part of incident wherein, co-accused persons armed with weapons came to the complainant's house and have started hurling abusive language to complainant and committed marpeet, when the father of the complainant intervened in the matter, he was inflicted injury on the head and during his treatment, he passed away. Initially, the offence has been registered under Section 307 of IPC, subsequently, added section 302 of IPC. He has prayed for dismissal of bail application.

Considering the aforesaid facts and circumstances of the case and looking to the period of custody to the applicant, this Court does not deem it fit case for grant of bail to the applicant at this stage.

Accordingly, the present bail application is dismissed.