ANIKET RAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is second criminal appeal filed by the appellant u/S.14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act assailing the order dtd. 26/2/2024 passed by the Special Judge (Atrocities), Datia (M.P.) whereby the bail application preferred by the appellant herein u/S.439 of Cr.P.C. relating to FIR No. No. 09 of 2024 by Police Station Goraghat, District Datia (M.P.) for offences punishable under Ss. 307, 147, 148, 149 and 506 of the I.P.C and Ss. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. First criminal appeal was dismissed as withdrawn by order dtd. 14/3/2024 passed in Cr.A. No. 2999 of 2024 with liberty to file afresh after filing of charge-sheet.

(2.) Learned counsel for the appellant-accused argued that the appellant is innocent and has been falsely implicated in this matter. He is in custody since 9/1/2024. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the appellant. It is further argued that no act has been attributed to the appellant - accused of causing any injury to any person. As per prosecution story, he was simply present at the time of incident. Further argument is that appellant is the permanent resident of District Datia (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. On these grounds, he prays for bail to the appellant.

(3.) Per contra, learned counsel for the State has vehemently opposed the application and prayed for its rejection.