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DEEPAK KUMAR AGARWAL
Vipin Balu – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
Deepak Kumar Agarwal, J. - This is fourth criminal appeal filed by the appellant under Section-14(A) (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brief "the Act") after earlier appeal was dismissed as withdrawn and last appeal was dismissed with liberty to renew the prayer after examination of material witnesses vide order dated 24.06.2022 passed in Cr.A. No.4453/2022 by the Coordinate Bench of this Court.
2. The appellant has filed this appeal under Section 14(A)(2) of the SC/ST Act against the order dated 30.09.2021 passed by Special Judge Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, District Ashoknagar (M.P.) whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.
3. Appellant is apprehending his arrest in connection with Crime No.453/2021 registered at Police Station Kotwali, District Ashoknagar in relation to the offences punishable under Sections 302, 341, 294, 147, 148, 149, 365 of IPC and Sections 3(2)(v), 3(1)(da)(dha) and 3(v,a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
4. Prosecution case, in short, is that complainant Govinda lodge
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.
The court's decision emphasized the grant of anticipatory bail and the appellant's cooperation in the trial, without commenting on the merits of the case.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act based on the absence of prior criminal records and the circumstances surrounding the case, without prejudicing the merits of the cas....
The court's decision was based on the interpretation of Section 14-A of the SC/ST Act in allowing the appeal and granting bail to the appellant.
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.
Bail can be granted under the SC/ST (Prevention of Atrocities) Act when the accused demonstrate no prior criminal record, have been in custody for a considerable time, and the charge sheet has been f....
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