PRAMOD SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This first criminal appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 31/12/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in B.A.No.720/2018; whereby learned Special Judge rejected the bail application filed by appellant namely Pramod Singh, under Section 438 of Cr.P.C. to get anticipatory bail in Crime No.406/2018 registered at P.S. Tendukheda/A.J.K., Distt. Narsinghpur (M.P.) for the offence punishable under Section 147, 148, 149, 186, 294, 353, 332, 427 of the IPC and 3(1)(r-s) 3(2) (Va) of ST/SC (Prevention of Atrocities) Act, who apprehend his arrest in the crime.

(2.) As per prosecution case, on 05/12/2018 at about 10:37 pm on the information that some persons were assaulting dumper driver of a truck in front of Sardar Lodhi's farmhouse, Constable/complainant Chetan Singh, Virendra and Narayan reached on the spot, where he saw that 8-10 persons were assaulting dumper driver, when they tried to rescue dumper driver, appellant and co-accused assaulted complainant Chetan Singh, Virendra and Narayan by sticks, due to which they sustained injury. In the incident, appellant and co-accused also caused damage to the vehicle (dial 100). On that, police registered Crime No.406/2018 at P.S. Tendukheda/A.J.K., Distt. Narsinghpur (M.P.) for the offence punishable under Section 147, 148, 149, 186, 294, 353, 332, 427 of the IPC and Section 3(1)(r-s) 3(2) (Va) of ST/SC (Prevention of Atrocities) Act. The appellant filed an application before the trial Court for grant of anticipatory bail, which was rejected. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

(3.) Learned counsel for the appellant submitted that the appellant is innocent and has falsely been implicated in this matter. It is further submitted that the name of the appellant is not mentioned in the FIR. There is no direct evidence on record to connect the appellant with the crime. Even on the report of co-accused Indrajeet Singh Police also registered crime No. 407/2018 and in the incident co-accused Indrajeet Singh also sustained injury. The applicant is ready to co-operate in the investigation and trial. Hence, counsel prayed for grant of anticipatory bail.