BHOORA @ BHARAT SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present 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. 20/4/2022 passed by Special Judge (Atrocities), Gwalior, whereby the application of the appellant under Sec. 439 of Cr.P.C. for grant of bail has been rejected.

(2.) Appellants are in custody since 27/2/2022 for the alleged offence registered at Crime No.22/2022 at Police Station Panihar District, Gwalior (M.P.) for the offence punishable under Ss. 354-A, 342, 147, 148, 323, 294, 506, 307, 120-B of IPC and Ss. 3(1)(A), 3(1)(R), 3(1)(S), 3(2)(va), 3(1)(W)(I), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC and ST Act ").

(3.) In brief, the prosecution case is that on 23/2/2022 prosecutrix a married lady aged about 33 years resident of village Barai along with her mother-in-law presented a written complaint against accused Sarnam Kaurav, Dhammo Kaurav, Bhura Kaurav (applicant No.1), Gautam Kamriya (applicant No.2) Sanjay Kaurav and Vivek Sharma that in the morning between 10.30 to 11 A.M., her husband called her to bring scooty at Panchayat Bhawan. As soon as she reached Panchayat Bhawan, from the hall of Panchayat Bhawan she heard the noise of crying. She enquired nearby person, who is crying. Somebody told her that [xxx xxx xxx] She tried to open the gate. When the gate was opened, inside the room accused Asha, Dhamo, Bhura, Gautam, Sanjay Vivek and Sarnam Singh having danda and lathi and butt of iron gun,were assaulting her husband Shashikant, due to which, her husband got injury. Everybody was abusing filthy languages of caste and saying that [xxx xxx xxx] When she intervened, they with the bad intention committed marpeet with her and they urinate in the mouth of her husband. When she cried, every one said that today he is surviving, in next time if he will file R.T.I. they will kill him. She brought her husband to JA Hospital, Gwalior, where husband was treated. On her report offence under Ss. 354(ka), 342, 147, 148, 323, 294, 506 of IPC and 3(1)(ka), 3(1)(dha), 3(2)Ba, 3(1)w(I) of S.C. S.T. Act was registered at Police Station Panihar District Gwalior. Four fractures were found on the body of husband of prosecutrix Shashikant. Statement of witnesses were recorded. Statement of prosecutrix were recorded on the same day i.e. 23/2/2022.