SURESH CHOUBEY Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal filed under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order dated 04/12/2017 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Panna in Case No. 4422/2017 whereby the court below has dismissed the application filed by the appellants under section 438 of the Cr.P.C. The appellants are apprehending their arrest for the offence under sections 323 , 504 , 34 of IPC and section 3(2) (v-a), 3(1)(a), 3(1)(d) of SC/ST (Prevention of Atrocities) Act in Crime No.239/2017 registered at Police Station Pawai, District Panna. The allegation against the appellants are that they assaulted and abused the complainant in public view in the name of his caste, who belonged to scheduled caste community.

(2.) Learned counsel for the applicants submitted that the applicants are innocent and there is a dispute with the complainant about the ownership of land, which has been purchased from one Bhuri Bai, who was previous owner of the land. When the applicants prevented the complainant to interfere in their possession, the false report has been made against them. Independent witnesses had not stated that the complainant was abused in the name of caste and there is no visible injury on the person of the complainant has been found by the medical expert. This case has been registered on the instance of the complainant just to take vendetta from the applicants. Hence the applicants be enlarged on anticipatory bail.

(3.) Learned GA and learned counsel for the Objector opposing the submissions made on behalf of the applicant has prayed for rejection of the bail application.