SHIVAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case diary perused and arguments heard.

(2.) This criminal appeal has been filed under Section 14 (A) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 13.01.2020 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Umariya in Bail Application No.8/2020, whereby learned Special Judge rejected the bail application filed by appellant Shivam @ Sibbu Tiwari under Section 439 of Cr.P.C. to get bail in Crime No.263/2019 registered at Police Station Maanpur, District Umariya for the offences punishable under Section 323 , 365 , 458 , 294 , 34 of IPC and Section 3 (2)(v) of SC/ST (Prevention of Atrocities) Act.

(3.) A s per the prosecution case, on 06.11.2019 at 10:30 pm, when complainant Purushottam Baiga was at his house located at Village Maanpur, appellant Shivam Tiwari and co-accused Devendra Chaturvedi came to his house and took him 1 Km. away from his house by bike, where they assaulted him by stick and kicks. They also assaulted wife Maya Baiga and daughter Radha Baiga of the complainant. On that, police registered Crime No.263/2019 for the offences punishable under Section 323 , 365 , 458 , 294 , 34 of IPC and Section 3 (2)(v) of SC/ST (Prevention of Atrocities) Act and arrested the appellant on 09.01.2020. On that, appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 13.01.2020. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.