Jitendra Dahiya vs State Of Madhya Pradesh And Others

Vinay Saraf, J

Learned counsel appearing on behalf of the State submits that notice of this criminal appeal has been duly served upon respondent no. 2-complainant.

This is first criminal appeal filed by the appellant- Jitendra Dahiya under Section 14-A (1) of the SC/ST (Prevention of Atrocities) Act in connection with FIR/Crime No. 261/2025 registered at Police Station Kolgawan, District Satna for the offences punishable under Sections 103(1), 109, 190, 191(2) of BNS, 2023, Sections 3 (2) (V) of SC/ST (Prevention of Atrocities) Act, 1989 and section 25/27 of Arms Act.

The prosecution case in brief is that the present appellant alongwith other co-accused persons with a common intention due to past rivalry attacked on deceased Shubham Bargahi and injured Raj Kumar Choudhary with the help of firm arm, knife and other weapons. Deceased sustained incised wounds and other injuries and injured witness also sustained serious injuries. F.I.R (Dehati Nalishi) was recorded at hospital, where the injured was admitted for treatment, who specifically mentioned the presence and overt act of the appellant in the incident.

After conclusion of investigation, charge sheet has been filed and matter is pending before the Special Judge SC/ST (Prevention of Atrocities) Act, Satna.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He has not committed any offence. He is labourer. There is no allegation of causing any injury by the appellant to the deceased. He prays for enlarging the appellant on bail.

Learned counsel for the respondent/State opposed the prayer on the ground that injured has specifically levelled allegations of active participation of the appellant in the crime in his statement and on the basis of statement of injured Raj Kumar Choudhary, the appellant has been implicated in the case. The appellant was member of an unlawful assembly and with a common intention they attacked on the deceased and informant. The deceased belonged to Schedule Caste, therefore the case has been registered under the provisions of SC ST (PA) Act also.

After due consideration and in view of the fact that present appellant alongwith other co-accused persons due to past rivalry assaulted deceased Shubham Bargahi and injured Raj Kumar Choudhary and caused serious injuries to them and the injured eye-witness has specifically named the present appellant in his statement recorded in the district hospital, Satna during his treatment, no case for grant of anticipatory bail is made out. Consequently, present first criminal appeal is dismissed.