GIRRAJ SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situations due to the outbreak of Novel Corona Virus COVID-19 and considering the advisories issued by the Government of India, this application is being heard and decided through video conferencing to maintain social distancing. The parties are being represented through their respective counsels through VC and therefore, norms of social distancing/physical distancing were followed in letter and spirit.

(2.) Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter would be referred as "the Act") against the order dated 21.5.2020 passed by Special Judge (Atrocities Act) Bhind whereby the application of the appellant under Section 438 of Cr.P.C seeking anticipatory bail has been rejected in connection with Crime No. 160 of 2020 registered at Police Station Mehgaon district Bhind for the offence punishable under Sections 323 , 294 , 506 and 34 of IPC and 3 (1) (r), 3 (1) (s) and 3 (2) (va) of the Atrocities Act.

(3.) It is submitted by counsel for the appellant that except the offences registered under Atrocities Act, all other offences are bailable. There is no specific allegation against the appellant of abusing or causing injuries to complainant and just to make the offence non bailable, the offences under SC ST Act have been added. Investigation in the matter is over and the appellant is ready to abide with all the conditions which may be imposed by this court while considering this application for anticipatory bail. Counsel for the appellant has relied upon the judgment rendered by coordinate Benches of this court in the cases of Atendra Singh Rawat Vs. State of M.P. in Cr.Appeal No.7295 of 2018 and Arnesh Kumar Vs. State of Bihar (2014) 8 SCC 273, and prayed for anticipatory bail to the appellant.