CHANDAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Present appeal has been filed under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 30/08/2019 passed by Special Sessions Judge, Guna District Guna; whereby the application of the appellants under Section 439 of Cr.P.C. seeking bail has been rejected.

(2.) The appellants have been arrested by Police Station Radhogardh, District Guna (M.P.), in connection with Crime No.326/2019 registered in relation to the offence punishable u/Ss.341, 323, 294, 506/34 of IPC and Section 3(1)(n), 3(1)(/k), and Section 3(2)(va) of Atrocities Act.

(3.) Learned counsel for the appellants submits that it is case of false implication. They have not committed the offence in any manner. It is further submitted by counsel for the appellants that except Atrocities Act other offences registered against the appellants are bailable in nature. It is alleged by Counsel for the appellants there was no premeditation of mind for commission of offence and the incident has taken place all of a sudden. There is no intention to insult the complainant because of his caste. It is further submitted that the Bar u/S.18 is not attracted in facts and circumstances of the case as the intention to insult the complainant. It is alleged that the appellants are in custody since 28.8.2019. Investigation in the matter is over and the chargesheet has been filed. Therefore, he has prayed for grant of bail.