RAMVARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal has been filed under Section 14-(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 against the order dated 28/5/2020 passed by Special Judge, Bhind, whereby the application of the appellants under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected.

(2.) Appellants are apprehending their arrest for the alleged offences registered at Crime No.113/2020 at Police Station Lahar, District Bhind, punishable under Sections 323 , 341 , 294 , 506 , 34 of IPC and Sections 3 (1) (da), 3(1)(dha) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short "the SC & ST Act ").

(3.) Learned counsel for the appellants submits that the applellants have not committed any offence. They have been falsely implicated. Learned counsel for the appellants further submits that all the offences of IPC are triable by JMFC. There is no allegation against the present appellants of inflicting injury to the complainant party or using caste related words. Hence, no offence under the SC/ ST Act is attracted against the present appellants. Hence, prayed to grant benefit of anticipatory bail to the appellant or directions be issued in the light of the decision rendered by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar:[(2014) 8 SCC 273].