BALRAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first criminal appeal under Sec. 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short "SC/ST Act") assailing the order dtd. 14/3/2023 passed by Special Judge (SC/ST Act), Shivpuri (M.P.), whereby application preferred by the appellant under Sec. 439 of Cr.P.C. has been rejected.

(2.) The appellant has been arrested by Police Station AJK, District Guna in connection with Crime No. 267/2022 registered in relation to t h e offences punishable under Ss. 294, 332, 353, 327, 427 of IPC and Ss. 3(2)(v), 3(2)(va), 3(1)(da) and 3(1)(dha) of the SC/ST Act.

(3.) The allegation against the present appellant - accused is that he demanded money for consumption of liquor from the complainant, who is a Post-Master and was on duty, and upon his refusal, present applicant - accused inflicted injuries upon him. Learned counsel for the appellant argued that the appellant is innocent and has falsely been implicated in this case. Injuries received by the complainant are simple in nature. Further argument is that the appellant is in custody since 14/2/2023. His custodial interrogation is not required anymore. He is permanent resident of District Guna (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the appellant. On the other hand, learned State counsel as well as learned counsel for the complainant opposed the appeal citing the criminal history of two cases against the appellant and prayed for its dismissal.