Dinesh Rajak vs State Of Madhya Pradesh And Others

Rajeev Kumar Shrivastava, J

This first criminal appeal under Section 14-(a) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act filed against the order

dated 20.01.2022 passed by Special Judge (Atrocities), Gwalior, whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail

has been rejected.

The appellant has been arrested on 6.1.2022 in connection with Crime No.5/2022 registered at Police Station Kampoo, District Gwalior for offence

under Sections 376, 506 of IPC and Section 3(i), (w), (ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the learned counsel for the appellant-Dinesh Rajak that the present appellant is innocent and he has falsely been implicated in this

case. Rather, there is a gang who are falsely implicating the various persons to get registered the victims by chatting with a threat to extort money or

else they would send their chatting on social media platforms.

Learned counsel for the State as well as counsel for the complainant have opposed the same and have submitted that the case is registered under

Sections 376, 506 of IPC and Section 3(i), (w), (ii), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The

appellant is in custody since 6.1.2022. Investigation is going on, therefore, prayed for rejection of bail.

Learned counsel for the appellant further submits that as various innocent persons are being exploited by using aforesaid modus operandi of the said

gang, therefore, such happenings is required to be controlled or stopped and prayed for grant of bail to the present appellant.

Considering the arguments submitted by the counsel for the appellant along with the sensitivity of the case, in the interest of justice, SP Gwalior and

SP Shivpuri are hereby directed to submit a detailed report with regard to averments made by the appellant before this Court positively on the next

date of hearing.

In view of the aforesaid, further hearing of this appeal is hereby deferred till next date of hearing.

List on 17.2.2022.

Let a copy of this order be supplied to the State counsel for information.