SHIVAM RAJAWAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first criminal appeal filed by the appellant u/S.14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "SC/ST Act") assailing the order dtd. 4/4/2024 passed by the Special Judge (Atrocities), Gwalior (M.P.) whereby the bail application preferred by the appellant herein u/S.439 of Cr.P.C. relating to FIR No. No. 81 of 2024 registered at Police Station - Gola ka Mandir, District - Gwalior (M.P.) for offences punishable under Ss. 307, 34 of the I.P.C and Ss. 3(1)(r), 3(1)(s), 3(2)(v) of the SC/ST Act.

(2.) Learned counsel for the appellant - accused argued that the appellant is innocent and has been falsely implicated in this matter. No role has been attributed on him to cause firearm injury to injured. As per prosecution story, appellant simply hurled abuses at the time of incident. It is further argued that appellant is in custody since 13/3/2024. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the appellant. Appellant is a meritorious student pursuing B.Sc. course and his examination is scheduled in near future. He is the permanent resident of District Gwalior (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.