RAMMANOHAR MISHRA Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard with the aid of case diary. This appeal has been filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act against the order dated 24/11/2017 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Chhatarpur in Bail Application No.1037/2017, whereby learned Judge rejected the bail application filed by the appellant under Section 438 of Cr.P.C. to get anticipatory bail in Crime No.7/2017 registered at Police Station-AJK, District Chhatarpur for the offences punishable under Sections 294 , 506 of the IPC read with Section 3 (1), 3(1)(iv), 3(1)(3), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 1989, who apprehends his arrest in the crime.

(2.) As per prosecution case on 14/09/2017 complainant / respondent No.2 lodged a written report at Police Station AJK, District Chhatarpur averring that the complainant was Sarpanch and applicant was Gram Rojgar Sahayak of Gram Panchayat Khairon. Earlier the complainant had lodged the report against the appellant, due to which appellant was transferred from that Panchayat. On that on 09/09/2017 at 10:00 A.M. appellant came to her house and abused her with insulting words regarding caste and also slapped her. Appellant also told that if she logged complaint against him in future he would kill her. On that report, the police registered Crime No.7/2017 for the offence punishable under Sections 294 , 506 of the IPC read with Section 3 (1), 3(1)(iv), 3(1)(3), 3(2)(va) 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 has falsely been implicated in the matter. Complainant always pressurized to the appellant to fill forged muster roll and to help her in committing irregularities in the Gram Panchayat, but the appellant denied to do so, therefore, complainant logged false report against the appellant. Earlier also complainant had filed false report against applicant at Police Station AJK on 12/09/2016. The Police after investigation find that the complainant made forged complaint against the applicant, therefore, Police filed closure report of the case. On that, complainant again lodged this false report against the complainant. Learned counsel further submitted that on the date of incident i.e. 09/09/2017 the appellant was not at village Khairon, as he had gone to Bhopal on 08/09/2017 for his treatment and returned back on 10/09/2017. The appellant is ready to co-operate in the investigation. Hence, learned counsel prayed for grant of anticipatory bail.