RAMKUMAR KUSHWAH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has filed this criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 being aggrieved by order dated 14.07.2020, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , Datia whereby, bail application under Section 438 of Cr.P.C. of appellant has been rejected.

(2.) Appellant is apprehending his arrest for the offence registered vide Crime No.107/2020, at Police Station Tharet, District Datia punishable under Sections 323 , 294 , 506 and 34 of IPC and Section 3(1)(d) and 3(1)(dh) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989

(3.) It is the submission of learned counsel for the appellant that appellant who is Hygiene Worker (? ? ? -? ) at village Rubaha, Police Station Tharet District Datia is apprehending his arrest on the basis of registration of offence as referred above. Due to some MGNREGA related work regarding plantation, when appellant tried to persuade the complainant party not to throw garbage over the place where the plantation took place, in retaliation thereof, this case has been registered. On 06.06.2020 at 10 PM, complainant party wielding lathi, inflicted injuries to the applicant and when applicant filed the complaint on which FIR has been registered vide Crime No.106/2020 thereafter, on very next day, the instant case vide Crime No.107/2020 has been registered on the pretext of earlier incident. No such incident took place with the complainant and appellant is facing implication on false pretext. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial Court. Counsel for the appellant further referred the order passed in CRA.No.7295/2018 (Atendra Singh Rawat Vs. State of M.P.) rendered in 2019 (2) MPLJ (Cri) 481. He undertakes to perform community service and serve the national cause and install Arogya Setu App. Accordingly, prayer for anticipatory bail has been made.