FAKHARUDDIN KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard through Video Conferencing.

(2.) This is an appeal filed under Section 14-A of the Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail to the appellant, as he is apprehending of his arrest in connection with Crime No.448/2021, registered at Police Station Civil Line, District Chhatarpur (MP) for commission of offence punishable under Sections 302, 201, 176, 498-A/34 of IPC and also under Section 3(2)(v) of Schedule Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) Learned counsel for the appellant submits that the allegation alleged against the appellant is that he exhorted the other co-accused persons to pressurize the deceased to convert religion and after incident, he without giving any information to the complainant party with sole intention to disappear the evidence, has opined for buried of the dead body of the deceased at Jhansi. Learned counsel for the appellant further submits that the appellant has nothing to do with the marital life of his sister's son and deceased who were resided at Chhatarpur, while the appellant is a permanent resident of Jhansi and resided at Jhansi. There is no iota of evidence to connect the appellant for commission of the alleged offence. All the allegations made against him are punishable with imprisonment of not more than five years. The appellant's custodial interrogation is not required, therefore, he may be enlarged on anticipatory bail.