Shivram Rajpoot vs State Of M.P. & Anr

S.A. Dharmadhikari, J

At the outset, learned Additional Advocate General 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 Act").

This third criminal appeal has been preferred under Section 14A(2) of the Act against the impugned order dated 18/08/2021 passed by Special Sessions Judge (under the Act), Guna, whereby appellant's application under Section 439 of the Code of Criminal Procedure has been rejected by the Court below.

The appellant has been arrested on 16/08/2021 by Police Station- Cantt, District- Guna (M.P.), in connection with Crime No.704/2020 registered in relation to the offences punishable under Sections 294, 323, 506, 324, 325 and 34 of the IPC and Sections 3(1) (r), 3(1)(s), 3(2)(va) of the SC/ST Act.

Prosecution story in short is that on 02/08/2020, some quarrel took place between the appellant and the complainant on the issue of removing pipeline lying near their fields. On that, the appellant and other co-accused persons started hurling abuses to the complainant in the name of his caste and when the complainant stopped them not to abuse, they assaulted him by means of stick, due to which, he received various injuries. Thereafter, on screaming, the complainant's uncle (Fufa) came to rescue him to whom the present appellant- Shivram assaulted by stick which hit on his right shoulder, due to which, blood started oozing out. After that, all the accused persons ran away from the spot threatening the complainant party to dire consequences. On the basis of aforesaid, crime has been registered against the appellant.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. Charge-sheet has been filed therefore, further custodial interrogation is not required. It is further submitted that earlier the FIR was registered against the appellant in bailable sections but during investigation, it was found that injured received fracture, therefore, offence under Section 325 of IPC has been enhanced which is also bailable in nature and triable by JMFC. It is further submitted that in view of outbreak of COVID 19, detention of the appellant in already congested prison may be detrimental. The appellant is in custody since 16/08/2021 and he is a permanent resident of District- Guna (M.P.). There is no likelihood of his absconsion or tampering with the evidence. The appellant is ready to abide terms and conditions which may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Learned counsel for the respondent/State 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 also submitted that the appellant and other co-accused persons assaulted the complainant with common intention and period of custody of the appellant is very less, therefore, prayer for rejection of this appeal is made.

Taking into consideration the overall facts and circumstances of the case coupled with the gravity of offence as well as role played by the appellant, in the opinion of this Court, no case for grant of bail is made out. The appeal, accordingly, stands dismissed.