ANNU Vs. ARCHI KENDRA SAHAR BASODA

JUDGEMENT

(1.) This criminal appeal has been filed under Sec. 14-A (2) of the Act against the order dtd. 18/4/2022 passed by Special Judge (Atrocities Act) Vidisha, rejecting the bail application.

(2.) The appellant has been arrested on 30/3/2022 in connection with Crime No.338/2021 registered by Police Station Sahar Basoda, Distt. Vidisha for offence punishable under Ss. 341, 327, 294, 323, 506 of IPC and Ss. 3(2)(va), 3(1)( ?), 3(1)( ?) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (in short, 'Act').

(3.) It is submitted by the counsel for the appellant that according to the prosecution case, on 17/6/2021 at about 10:00 am, when the complainant was going on his motor cycle towards railway station, he was waylaid by the appellant and he took out the key of his motor cycle and demanded money. It was alleged that when the complainant refused to pay any money, then appellant picked up an iron rod which was lying in a nearby house and assaulted on his left ear and also threatened that in case if he refuses to pay money in future, then he will be killed. It is submitted that complainant has obtained the caste certificate on 14/1/2022 which is apparent from the caste certificate issued by the concerning authority i.e. SDO, Revenue, Tehsil Basoda, District Vidisha, whereas the incident is alleged to have taken place on 17/6/2021. The appellant is in jail since 30/3/2022 i.e. more than two months. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.