Ramroop Singh Bhadauriya vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard.

At the outset, learned Public Prosecutor has apprised this Court that respondent no.2/complainant has been informed with regard to pendency of this

appeal as required under section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the

Actâ€​).

This first appeal has been preferred under section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for

short ""the Act"") against the order dated 18.12.2019 passed by Special Judge (under the Act), Bhind, whereby appellant's application under section 439

of the Code of Criminal Procedure has been rejected. After being arrested by Police Station Mehgaon, District Bhind in connection with Crime

No.419/2019 registered in relation to the offences punishable under sections 307, 147, 148, 149, 294, 323 of IPC and Section 3(2)(v) of the Act, the

appellant is in judicial custody since 08.11.2019.

Allegation against the appellant in short is that during elections of Parents Union, on 07.11.2019 an altercation took place between the complainant and

the appellant and other co-accused persons. The appellant abused the complainant filthily and beat him. Thereafter the co-accused Ramswaroop

Singh fired gun shot and thereafter the appellant also fired from his gun, due to which, the victim sustained injuries. On the aforesaid basis, crime has

been registered.

Learned counsel for the appellant submits that the appellant has been falsely implicated. He is in custody since 08.11.2019. Fire arm was not

recovered from the appellant, therefore, he can not be connected with the crime. The charge sheet has since been filed and further custodial

interrogation of the appellant may not be necessary. There is no FSL report to ascertain as to number of injuries. As per seizure memo, only one

empty shell from the crime scene has been recovered. Prima facie no offence under section 307 of IPC is made out against the appellant. Appellant is

a permanent resident of Village Gadhi Thana Mehgaon, District Bhind and there is no likelihood of his asbconsion. With the aforesaid submissions,

prayer for grant of bail is made.

Learned Public Prosecutor opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material

available on record, no case for grant of bail is made out. It is submitted that the present appellant is the main accused in the case, who had fired gun

shot, due to which, the complainant and two others have sustained gun shot injuries. The case of the co-accused Bholu @ Chandramohan Singh

Bhadoriya is distinguishable from the case of present appellant since the co-accused Bholu @ Chandramohan Singh Bhadoriya fired gun shot and

nobody was injured, therefore, the appellant cannot claim parity with the said co-accused. It is further submitted that the Apex Court in the case of

Virupakshappa Gouda Vs. The State of Karnataka ((2017)5 SCC 406 )has held that mere filing of charge-sheet does not in any manner lessen the

allegations made by the prosecution.

On the contrary, filing of the charge-sheet establishes that after due investigation the investigating agency, having found materials, has placed the

charge-sheet for trial of the accused person. The medical evidence and the statements of the witnesses corroborate the alleged offence. It is further

submitted by learned counsel for the State that such type of crimes are increasing very rapidly now a days and, therefore, looking to the gravity of the

offence, he prays that bail may not be granted to the present appellant.

After considering the submissions made by learned counsel for the parties and looking to the facts and circumstances of the case as well as the

gravity of the offence and the role played by the appellant, without expressing any view on the merits of the matter, it is not a good case in which the

appellant may be released on bail.

Consequently, this criminal appeal filed by the appellant Ramroop Singh Bhadauriya is hereby dismissed.

Certified copy as per rules.