Ashish Agnihotri vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court

Bench: JUSTICE Atul Sreedharan

Ashish Agnihotri vs The State Of Madhya Pradesh on 19 April, 2018

Law Point: 

JUDGEMENT

This appeal has been filed by the appellant under section 14-A (2) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act being aggrieved with the order passed by Special Judge Atrocities Gwalior in Case No.245 of 2016 vide order dated 22.9.2016 whereby, the application filed by the appellant under section 438 of Cr.P.C has been rejected. Brief facts of the case are that complainant has lodged a report on 3.8.2016 that at about 8.30 PM, accused Sanjay Prajapati came along with his relative. He called complainant. As soon as complainant came out, they abused him and said Chamarawale. When complainant objected, Sanjay inflicted injury by means of some pointed object. Wife and brother of the complainant came and saved him. On the basis of the said report, Crime no.245 of 2016 under section 294, 323 and 506(B) of IPC and 3 (1) (x) of the SC ST Act has been registered at PS Harijan Kalyan, Gwalior. The appellant moved an application for anticipatory bail which has been rejected by the trial court. It is submitted by learned counsel for the appellant that the trial court has erred in dismissing the application for grant of anticipatory bail. The ingredients of offence punishable under SC ST Act are missing. It is submitted that there is no likelihood of abscontion. Hence, learned trial court has erred in rejecting the application for anticipatory bail. Learned PL on the other hand has supported the order and prayed for rejection of the appeal.

I have considered the submissions and perused the case diary. On perusal of CD, it appears that the complainant has suffered injury which has been found to be simple in nature.

Considering the fact that from the allegations made in the FIR and the case diary statements recorded during trial, it appears that the ingredients of offence punishable under SC ST Act are lacking, the trial court has erred in rejecting the application. There is no allegation that the appellant has abused the complainant by name of his caste with intention to insult or humiliate him. Hence, the appeal deserves to be allowed, it is accordingly allowed. The impugned order is set aside. It is directed that in the event of arrest appellant, namely, Sanjay alias Sanjeev Prajapati be released on bail for the period of thirty days on his furnishing a personal bond in the sum of Rs.50,000/- (Rs.Fifty thousand only) with one surety of the like amount to the satisfaction of the Arresting Officer, subject to abiding the conditions enumerated under Section 438(2) of Cr.P.C.

Appellant may apply for regular bail within a period of thirty days before the competent court.

C.c. as per rules.

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