High CourtsSingle Bench(2012) 04 MP CK 0124

Brijraj, Bhura, Pooran and Shivraj vs State of M.P.

Madhya Pradesh High Court · Decided on 2 April 2012

HON’BLE JUDGES
S.N. Aggarwal, J
CASE NUMBER
MCRC 8007 of 2011

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Judgment

3 paragraphs · 204 words

S.N. Aggarwal, Judge

1.

This is first application u/s 438 Cr.P.C. filed by the applicants for their anticipatory bail for offences u/s 429 IPC and Section 3 (1)(x) of the SC and ST ( Prevention of Atrocities ) Act, 1989 ( for brevity, "Atrocities Act"), registered against them at Crime No.123/2011 at Police Station Matabassaiya, District Morena. The applicants are accused of killing one buffalo of the complainant party and thereby they have been booked for offence u/s 429 IPC and also u/s 3 (1) (x) of the Atrocities Act. The offence u/s 429 IPC is bailable whereas the essential ingredients of section 3 (1)(x) of the Atrocities Act are completely missing from the FIR. Under the circumstances, the instant application is accepted and the applicants are ordered to be released on bail in the event of their arrest on their furnishing bail bond in the sum of Rs.10,000/- (Rs. Ten Thousand) each with one solvent surety each in the like amount to the satisfaction of the concerned arresting officer in the event their arrest becomes imminent in the case. The applicants are directed that they shall participate in the investigation as and when called by the Investigating Officer.

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