SATISH SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have filed this appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 19.07.2019, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Morena; whereby, bail application under Section 438 of Cr.P.C. of appellants has been rejected.

(2.) Appellants are apprehending their arrest for the offence registered at Crime No.254/2019, at Police Station Ambah, District Morena, punishable under Sections 323, 294, 341, 506/34 of IPC and Sections 3(1)(d), 3(2)(v-a), 3(1)(dh) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 Act.

(3.) It is the submission of counsel for the appellants that they are apprehending their arrest for the offence registered as referred above. Complainants have framed the appellants because of electoral rivalry. Appellants were polling agents and were involved in the General Election Process on 12.05.2019 and it is highly improbable that they would leave the place of polling booth. Affidavits of concerned officer have been filed in support of submission to bring home the analogy that they were polling agent. They did not have any tinted back ground. Confinement amounts to pretrial detention and personal inconvenience. Learned counsel for the appellant relied upon the case of Atendra Singh Rawat Vs. State of Madhya Pradesha and another passed in Cr.A. No.7295/2018 and submits that anticipatory bail is maintainable and no offence is made out prima facie. Instant case is one such case. They undertakes to cooperate in the investigation/trial and make themselves available as and when required by the trial Court. Appellants also undertakes that they would not be a source of embarrassment and harassment to the complainant party in any manner. Appellants intend to perform some community service to purge themselves out of the guilt felt by the appellants. On these grounds, they prayed for grant of bail to the appellants.