SANAJY SUKHWANI Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary.

(2.) As per prosecution case on 04/08/2017 at about 10:00 AM the applicant abused the respondent No.2/complainant with insulting words regarding caste and also beat him by kicks and fists. On the report of complainant, the police registered Crime No.536/2017 for the offences under Sections 294 , 324 of the IPC and Section 3 (2) (v) (d), 3 (1)(n)(/k) of the SC/ST (Prevention of Atrocities) Act, 1989. The appellant filed an application under Section 438 of Cr.P.C. before the Trial Court for grant of anticipatory bail, which was rejected. Being aggrieved by that order, this appeal has been filed.

(3.) Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in the matter. The offence is alleged to be occurred on 04/08/2017, while the respondent No.2/complainant lodged the report on 08/08/2017. Moreover, there is no evidence on record to show that the appellant committed the said act against the complainant/respondent No.2 knowingly that he belonged to Scheduled Caste or Scheduled Tribe community. Further, the act of the appellant does not come under the purview of the provisions of SC/ST (Prevention of Atrocities) Act, therefore, the provisions of Section 18 of SC/ST (Prevention of Atrocities) Act are attracted. Hence, counsel prayed for grant of anticipatory bail to the appellant. Learned counsel for the State opposed the application.