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Judgment
Vishal Mishra, J
The appellant has filed this appeal under Section 14 A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 being aggrieved by order dated 19/03/2021 passed by the Special Judge, District Bhind whereby, bail application u/S.438 Cr.P.C. of the appellants has been rejected.
Appellant apprehends his arrest in connection with Crime No.21/2021 registered at Police Station Barohi, District Bhind for the offence punishable under Sections 302, 465, 467, 471, 166, 166-A, 193, 196, 197, 199, 203, 218, 201 of IPC and Section 3(1)(V), 3(2) (IV) of SC/ST (Amended Act, 2015).
It is submitted that appellant has falsely been implicated in the present case. He has not committed any offence in any manner. It is argued that owing to some typographical error committed by the Assistant of the present appellant in Registrar Office, the date of death has wrongly been mentioned in the death certificate and wrong death certificate has been issued. As soon as, the fact came to the knowledge of the appellant, he has corrected the same and has cancelled the earlier death certificate. There is no role attributed to the present appellant in commission of the offence. He is a Government Servant working in the Registrar Office in conducting the duty of issuance of Birth and Death Certificates. Applicant is a first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court. Upon these grounds, he prays for bail.
Per contra, learned Panel Lawyer for the State has opposed the application stating that there is specific bar under Section 18 of the Act for consideration of anticipatory bails. It is the serious offence committed by the appellant as he has issued a wrong death certificate tried to extend the benefit to the accused persons. He has done manipulations in the government records for issuance of wrong death certificate. In such circumstances, he prays for dismissal of the bail application.
Considering the overall facts and circumstances of the case and fact that there is a specific bar under Section 18 of SC/ST Act for consideration of the application under Section 438 of Cr.P.C., this Court does not deem it appropriate to allow the present bail application at this stage. Accordingly, present bail application is hereby rejected.