N.K.GUPTA
Kapil Durgawani – Appellant
Versus
State of M. P. – Respondent
1. This application under section 438, Cr.P.C is filed by the present applicant for grant of anticipatory bail in connection with Crime No. 87/2010 registered at Police Station (AJK) Pali District Umariya for the offence punishable under sections 294, 323, 506, 326 of IPC and section 3 (1) (x) & 3 (2) (v) of Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred as the 'SC/ST Act').
2. The prosecution story in short is that the applicant assaulted the complainant Guddu Sonkar by knife causing grievous hurt to him. It is also alleged that the applicant abused the complainant Guddu Sonkar mentioning his caste. The complainant also stated in FIR that the applicant has committed the aforesaid crime to insult the complainant on the basis of caste.
3. The learned counsel for the applicant submits that the applicant's date of birth was 10.8. I 993 and, therefore. he was below 18 years of age at the time of incident, in such circumstances he comes under the category of 'juvenile' and therefore he is entitled for anticipatory bail. It has been urged on his behalf that no offence under section 3 (I) (x) and 3 (2) (v) of the 'SC/ST Act' is made out and, therefore, bar
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.