MOHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is first criminal appeal under Sec. 14A (2) of the SC & ST (Prevention of Atrocities Act, 1989 is preferred being aggrieved by order dtd. 17/9/2025 in BA No.1145/2025 by the Special Judge, SC & ST (POA) Act, 1989 Dewas whereby the application filed under Sec. 483 of the B.N.S.S., 2023 by the appellant who was apprehended on 7/8/2025 in connection with crime no.725/2025 registered at police station- Udhyogik Kshetra, District- Dewas (M.P.) for the offence punishable under Sec. 331(6), 115(2), 296, 351(3), 3(5), 351 of BNS and 3(1)(r), 3(2)(s) and 3(2) (v) of the SC & ST (POA) Act, 1989.

(2.) Prosecution case was initiated on the report of Sanjay Agrawal regarding incident occurred at 11:15 p.m. of 6/8/2025 towards cousin Vishnu Agrawal Advocate against Mohit Yogi, Rohit Yogi, Rakesh Yogi, Omprakash Yogi and Malti. After investigation a final report was submitted under Sec. 331(6), 115(2), 296, 351(3) & 3(5) of the Bhartiya Nyaya Sanhita, 2023 and Sec. 3(1)(r), 3(2)(s) and 3(2)(v) of the SC & ST (POA) Act, 1989 against total 8 persons.

(3.) Counsel for the appellant submits that the appellant is innocent and he has falsely been implicated in the present case. The appellant is in custody since 7/8/2025. It is argued that the victim was practicing in the name of Vishnu Agrawal and there is no reason to assume that he belongs to SC/ST community. The investigation is over and charge sheet has been filed. Hence, prayer is made for grant of bail to the appellant.