VINOD GURJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for brevity 'the Atrocities Act') against the order dated 18-02-2019 passed by Special Judge (Atrocities), Gwalior, whereby the application of the appellants under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected in connection with Crime No.518/2018 registered at Police Station Padav District Gwalior for the offences under Sections 323 , 294 , 506 , 34 of IPC and Section 3(2)(v) (r) of SC/ ST Act .

(2.) Learned counsel for the appellants submits that as per prosecution case, FIR at Crime No.518/2018 was registered at Police Station Padav, District Gwalior for the offence alleged. When complainant was sitting in bus at Bus Stand Gwalior on 21.09.2018, at that time Maruti Swift Car came and the appellants along with another person namely Anil Kaurav caused marpeet with the complainant. Thereafter, they ran away from Bus Stand. Accordingly, FIR was registered. The appellants are permanent resident Gohad, District Bhind (M.P.). They have been falsely implicated in this matter. It is further submitted that one application was submitted by brother of co-accused namely Anil Kaurav before the Superintendent of Police, Gwalior for fair investigation at Crime No.518/2018 registered at Police Station Padav, District Gwalior. Thereafter, investigation was conducted by the Deputy Superintendent of Police (AJAK), District Gwalior. During investigation, statements were recorded. Report was submitted before the Superintendent of Police, District Gwalior on 30.11.2018. FIR was lodged by the complainant against the appellants after thought because FIR was delay about 27 hours, there is no explanation about the delay, while the distance of Police Station from spot about one kilometer and Police Chowki is situated at Bus Stand. No information was given to Police Chowki as well as Police Station and also 100 dial while above facilities was available to the complainant. The appellants are apprehending their arrest which may bring social disrepute to them. Hence, appellants prayed for release on bail.

(3.) Learned Public Prosecutor for respondent/State opposed the prayer and submitted that the investigation is going on. He referred Section 18 and amendment notified in the Gazette Notification dated 17-08-2018 by way of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2018 and submitted that it specifically bars entertainment of such application under Section 438 of Cr.P.C. Therefore, according to the respondent/State, appeal is not maintainable. It is further submitted that the case is to be tested on its merits as well as on the basis of the Amendment Act , 2018. Hence, he prayed for rejection of anticipatory bail application.