SARVAN 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 31/10/2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in S. C. ATR No. 125/2019; whereby learned Special Judge rejected the bail application filed by the appellant under Section 439 of Cr. P. C. to get bail in Crime No. 247/2019 registered at P. S. Bilkhariya, Distt. Bhopal (M. P. ) for the offences punishable under Sections 294 , 307 , 34 , 147 , 148 , 149 , 302 , 325 of the IPC and Sections 3(1)(b), 3(1)(dha), 3(2)(v), 3(2)Va of SC/ST (Prevention of Atrocities) Act 1989.

(2.) As per prosecution case, on 22/7/2019 at about 11. 30 p. m. , when complainant Smt. Nirmala Bai, her husband deceased Babli Padri and son Mahesh and Akhilesh and daughter Urmila were at home, situated at village Piria Mohalla, Bilkhiriya, Bhopal co- accused Inder Singh, Kapil, Sonu, Akit and Samandar Singh came there armed with rod and sword and they assaulted deceased Babli Pardi, when his sons Mahesh, Akhilesh and daughter Nirmala came to rescue him they also assaulted them due to which they sustained injury. It is alleged that at that time Jwala Singh, Radhe Thakur and applicant also came there and they also assaulted deceased Babli Padri. On that, police registered Crime No. 247/2019 at P. S. Bilkhariya, Distt. Bhopal (M. P. ) for the offences punishable under Sections 294 , 307 , 34 . During investigation, on 23/7/2019 police arrested the appellant. On that, appellant filed an application under Section 439 of Cr. P. C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 31/10/2019. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

(3.) Learned counsel for the appellant submits that the appellant has not committed any offence and has falsely been implicated in the offence. Name of the applicant is not mentioned in the FIR. In the FIR it is mentioned that at the time of incident only co- accused Inder Singh, Kapil, Sonu, Akit and Samandar Singh came to complainant's house and assaulted deceased Babli Padri by rod and sword. In the case diary statement of complainant Smt. Nirmala Bai recorded by the police on the date of the incident and in the case diary statement of Urmila, daughter of the deceased recorded by the police on 22/7/2019 name of the applicant is not mentioned. For the first time, Akhilesh and Mahesh, sons of the deceased in their case diary statements recorded by the police on 29/7/2019, stated that the applicant was also involved in the crime. The appellant is in custody since 23/7/2019. Charge sheet has been filed and the conclusion of trial will take time, hence prayed for release of the appellant on bail.