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DEEPAK KUMAR AGARWAL
Anand Sharma – 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 07.01.2023 passed by Special Judge, Datia, District Datia whereby the application of the appellant under Section 438 of Cr.P.C. for grant of anticipatory bail has been rejected.
2. The appellant apprehends his arrest in connection with Crime No.142/2022 registered at Police Station- Tharet, District- Datia (M.P.) in relation to the offence punishable under Sections 294, 323, 506, 34 of IPC and section 3(1)(d)(dha) of SC/ST Act.
3. Learned counsel for the appellant/accused submits that applicant is innocent and has been falsely implicated in the case. It is further submitted that during investigation, present appellant/accused was released after giving notice under Section 41-A of Cr.P.C. in the light of judgment rendered by Hon'ble Supreme Court in the matter of Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 2731)]. Applicant has fully co-operated with the investigating agency. After investigation, charge-sheet in the matter has been filed. There is no likelihood of his absconsion. It is f
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 importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court may grant bail under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, considering the custody duration and potential trial delay, without commenting on the me....
The compromise between the parties and the acquittal from certain charges can be considered as changed circumstances warranting bail, and the court may impose specific conditions for the release of t....
The court has the discretion to allow an appeal under Section 14-A(2) of SC/ ST Act and grant bail to the accused, considering the totality of the facts and circumstances of the case.
The court's decision was influenced by the provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act, particularly in relation to the grant of bail to the accused-app....
On facts, false complaint has been made by the complainant; and thereafter again FIR has been lodged under the offence of SC/ST Act, in these circumstances, without commenting on merits of the case, ....
The court considered the false implication of the appellant and the existence of a compromise as key factors in setting aside the order rejecting the bail application and ordering the release of the ....
The court considered the duration of custody and the expected trial timeline in granting bail to the appellant.
The court established that the provisions of the SC/ST (Prevention of Atrocities) Act must be balanced with the rights of the accused, particularly in cases where the allegations are not severe and t....
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