BANTI GURJAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent, heard finally. Present appeal has been filed under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (hereinafter would be referred as to 'the Act') against the order dated 27/9/2019 passed by Special Judge, Atrocities, District Morena, whereby the anticipatory bail application of the appellant under Section 438 of Cr.P.C seeking bail has been rejected.

(2.) The appellant is apprehending his arrest by Police Station Joura, District Morena (M.P.), in connection with Crime No.554/2019 registered in relation to the offence punishable u/Ss. 294, 323, 324, 34 of IPC and Section 3(1)(n) , 3(1) (/k), 3(2)(v) of Atrocities Act.

(3.) It is alleged by Counsel for appellant that he has been falsely implicated in the case. He has not committed the offence in any manner. It is alleged that there is nothing on record to show the Bar u/S.18 of SC/ ST Act . Counsel for the appellant has relied upon the order passed by Co-ordinate Bench of this Court in the case of Atendra Singh Rawat Vs. State of Madhya Pradesh passed in Criminal Appeal No.7295/18 vide order dated 11-10-2018 and has argued that the case of present appellant is identical to the aforesaid case. It is further submitted that the appellant is ready to abide by all the terms and conditions imposed by this court while considering the bail of the appellant. He has prayed for disposing the bail application in the light of directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273.