Madhya Pradesh High Court
Vikki @ Netrapal Singh vs The State Of Madhya Pradesh on 12 December, 2018
1
HIGH COURT OF MADHYA PRADESH
Cr.A.No.9175/2018
(Vikki @ Netrapal Singh Vs The State of M.P. & Another)
Gwalior, Dated : 12.12.2018
Shri Ajay Singh Raghuvanshi, learned counsel for the applicant.
Shri Rajesh Pathak, learned Public Prosecutor for the respondent/
State.
Present appeal has been filed under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Atrocities Act') against the order dated 26/11/2018 passed by the Special Judge (Atrocities), Ashoknagar; whereby the application of the appellant under Section 438 of Cr.P.C. seeking bail has been rejected.
Appellant is apprehending his arrest in connection with Crime No. 573/2018 registered at Police Station Dehat, District Ashoknagar for the offences punishable under Sections 323, 324, 294, 506 of IPC and Section Section 3(1)(r), 3(1)(s) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
As per prosecution story, on 24.10.2018 at around 09:30 P.M., complainant asked the appellant that gold chain which was pledged by the complainant and has been redeemed by him, be sold so that he can take his loan amount and the remaining amount be returned to the complainant. On that issue, the appellant started abusing complainant and uttered caste related words. When the complainant objected the same, appellant started beating him and gave a blow of danda in his ribs, due to which, complainant sustained injury. When the complainant's mother tried to intervene in the matter, appellant also gave a danda blow on her left hand, due to which, she also sustained injuries. When wife and son of the complainant came on the spot, the appellant went from the spot by saying that if complainant asks about the money again, then he will kill him. On the basis of incident, FIR under Sections 323, 294, 506 of IPC and Sections 3(1)(r), 3(1)(s) & 3(2)(va) of the Atrocities Act, has been registered against the appellant. Subsequently, on the basis of medical report wherein it was revealed that injury was caused to the 2 HIGH COURT OF MADHYA PRADESH Cr.A.No.9175/2018 (Vikki @ Netrapal Singh Vs The State of M.P. & Another) complainant's mother by some sharp object, the offence under Section 324 has been further added.
Learned counsel for the appellant submitted that he has been falsely implicated in this matter. The complainant is in habit of lodging false FIR as earlier also he had lodged one FIR on same allegations and this fact was brought to the notice of the Court below that the complainant in previous case had threatened the appellant that he will also lodge one more FIR against him making such allegation that he will not be able to get bail but the court below has not considered this fact. He further submitted that the medical report runs against the prosecution story because as per prosecution story the appellant was having a danda whereas the medical report says that injury has been caused by some sharp object, due to which, offence under Section 324 of IPC has been added, which is non-bailable. So far as the offence under Special Act is concerned, the same is not attracted because in the present case there is no allegation of use of such words in pubic with intention to humiliate the complainant.
Learned Public Prosecutor for the respondent /State opposed the prayer made by the appellant.
Heard learned counsel for the parties and perused the case diary. Looking to the allegation made against the appellant, in view of the provisions of Section 18 of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, this appeal for releasing the appellant on anticipatory bail under Section 438 Cr.P.C. is not maintainable. Therefore, the appeal is dismissed.
(Rajeev Kumar Shrivastava) Judge AK/-
ANAND KUMAR 2018.12.13 13:59:47 +05'30'