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Judgment
D.K. Paliwal, J.—Heard. Perused the case diary.
This is the first bail application filed by the applicant u/s 438 of the Cr. P.C. for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with Crime No. 205/2013 registered at P.S. Kampoo, District Gwalior for the offence punishable under sections 354(k)(1) of IPC and 3(1)(XI) of SC/ST Act.
As per the prosecution case prosecutrix belonging to Scheduled Caste was in office in lunch time she went to drink water in nearby room where applicant finding her alone caught hold her waist and tried to drag her. Report was lodged by the prosecutrix on 3rd day of incident.
Learned counsel for the applicant submits that applicant has falsely been implicated because he has made a complaint against prosecutrix with regard to her conduct and threatening given to him by her. It is further submitted that employees of the office have also given a panchanama that applicant behavior is good. Therefore, he prays for grant of anticipatory bail to the applicant.
Learned counsel for the State as well as learned counsel for the complainant opposed the application and prayed for its rejection submitting that case u/s 3(1)(10) of the Atrocities Act has been registered in which anticipatory bail is barred. It is further submitted that the statement of two doctors have been recorded who have supported the prosecution case.
On the facts and circumstances of the case, taking into consideration allegation levelled against the applicant and material available on record, applicant is not entitled to be released on anticipatory bail.
Accordingly anticipatory bail application is dismissed. C.C. as per rules.