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DEEPAK KUMAR AGARWAL
Bhoora @ Bharat Singh – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar agarwal, J. - Present Criminal appeal has been filed under Section 14-a(2) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 against the order dated 20.04.2022 passed by Special Judge (atrocities), Gwalior, whereby the application of the appellant under Section 439 of Cr.P.C. for grant of bail has been rejected.
appellants are in custody since 27.02.2022 for the alleged offence registered at Crime No.22/2022 at Police Station Panihar District, Gwalior (M.P.) for the offence punishable under Sections 354-a, 342, 147, 148, 323, 294, 506, 307, 120-B of IPC and Sections 3(1)(a), 3(1)(R), 3(1)(S), 3(2)(va), 3(1)(W)(I), 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 (for short 'the SC & ST act').
In brief, the prosecution case is that on 23.02.2022 prosecutrix a married lady aged about 33 years resident of village Barai along with her mother-in-law presented a written complaint against accused Sarnam Kaurav, Dhammo Kaurav, Bhura Kaurav (applicant No.1), Gautam Kamriya (applicant No.2) Sanjay Kaurav and Vivek Sharma that in the morning between 10.30 to 11 a.M., her husband called her to bring scooty
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The main legal point established is the court's discretion to grant anticipatory bail under the SC/ST Act, considering the facts and circumstances of the case and the need for a bail bond and surety ....
The completion of investigation, filing of the charge sheet, and the time required for trial are important factors in considering bail applications.
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
The court's decision emphasized the importance of cooperation in the trial and adherence to the conditions of anticipatory bail under Section 438 of Cr.P.C.
Bail - Attempt to Murder - Nature of injuries, detention period, having no criminal antecedents, and no likelihood of tampering of prosecution entitled for bail
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