LAWS(MPH)-2020-5-19

SHYAMU RAJPUT Vs. STATE OF M.P.

Decided On May 27, 2020
Shyamu Rajput Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) Matter is heard through video conferencing. Present appeal has been filed under Section 14-(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 15/05/2020 passed by Special Judge (Atrocities), Bhind, whereby the application of the appellant under Section 439 of Cr.P.C. seeking regular bail has been rejected.

(2.) Appellant has been arrested on 05/05/2020 in connection with Crime No.20/2020 registered at Police Station Ron, District Bhind, punishable under Sections 354, 506 of IPC, Section 7/8 of POCSO Act and Section 3(1)(w) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) It is submitted by learned counsel for the appellant - Shyamu Rajput that the appellant is in custody since 05.05.2020 and he has falsely been implicated in the case. It is further submitted that due to previous enmity, false case has been registered against the present appellant who is permanently residing at Ahemdabad and recently, he visited his native place. The complainant and other persons are using the land of the present appellant for transporting stolen sand from the river, therefore, there is previous enmity between the appellant and the complainant. Learned counsel for the appellant further submitted that the offence registered against the appellant are triable by JMFC. The appellant is 26 years old. The investigation and trial will take its own time and appellant is ready to abide by any condition which may be imposed by this Court. Hence, prayed to grant bail to the appellant.