DEEPAK BANSAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Present second criminal appeal has been filed under Sec. 14-(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dtd. 29/09/2021 passed by Special Judge (Atrocities Act), Gwalior (M.P.), whereby the application of the appellant under Sec. 439 of Cr.P.C. seeking bail has been rejected.

(2.) The appellant has been arrested on 06/09/2021 in connection with Crime No.66/2021 registered at Police Station Padao, District Gwalior, punishable under Ss. 420, 406, 294, 506 of IPC, Ss. 3(1)(da)(dha), 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- Deepak Bansal that the appellant has not committed any offence. He has falsely been implicated in the case. Appellant is in custody since 06/09/2021, i.e. for around four months. It is further submitted that appellant is innocent. There is no overt act on the part of the present appellant. It is also submitted that no case against the appellant is made out under Ss. 3(1)(da)(dha), 3(2)(Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This is second criminal appeal for grant of bail to the appellant. Earlier appeal was rejected on merits. Thereafter, the change circumstance is the recording of evidence of complainant - Ashish Choudhary, wherein he has specifically stated that all the amount has been returned back to him by giving post dated cheques, therefore no criminal liability arose against the present appellant. It is further submitted that as per order-sheet dtd. 24/12/2021 of trial Court, parties are arrived at compromise and compromise has already been accepted by the trial Court and present appellant has been acquitted from the charges under Ss. 406, 420, 506 of IPC. As Sec. 294 of IPC and Ss. 3(1)(da)(dha), 3(2) (Va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, are not compoundable, therefore trial is going on for aforesaid Ss. . Trial will take its own time. Appellant is ready to abide by any condition which may be imposed by this Court. Hence, prayed to grant bail to the appellant.