Madhya Pradesh High Court

CRA/1298/2024 of DEVENDRA Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT.

IN THE HIGH COURT OF MADHYA PRADESHAT GWALIOR

BEFORE

HON'BLE SMT. JUSTICE SUNITA YADAVON THE 2[nd] OF FEBRUARY, 2024CRIMINAL APPEAL No. 1298 of 2024

BETWEEN:-

DEVENDRA S/O SHRI BALWANT SINGH GURJAR, AGEDABOUT 40 YEARS, OCCUPATION: KASTKARI VILLAGENAUGAO POLICE STATION KAMPOO DISTRICTGWALIOR (MADHYA PRADESH)

(MR. GAURAV MISHRA - ADVOCATE FOR THE APPELLANT)

.....APPELLANT

AND

1.THE STATE OF MADHYA PRADESH INCHARGEPOLICE STATION THROUGH POLICE STATIONJHANSI ROAD DISTRICT GWALIOR (MADHYAPRADESH)

2.COMPLAINANT THROUGH POLICE STATIONJHANSHI ROAD, DIST. GWALIOR (MADHYAPRADESH)

.....RESPONDENTS

(MS. KALPANA PARMAR - PANEL LAWYER FOR RESPONDENT NO. 1 -STATE)

This appeal coming on for admission this day, the court passed the following:

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ORDER

This is first criminal appeal under Section 14-A (1) (2) of the ScheduledCastes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafterreferred to as "SC/ST Act") assails the order dated 18.1.2024 passed bySpecial Judge, SC/ST Act, Gwalior (M.P.) whereby, application preferred bythe appellant herein under Section 439 of Cr.P.C. relating to FIR No. 679 of

2023 registered at Police Station Jhansi Road, District Gwalior (M.P.) for theoffence under Sections 327, 294, 323 and 34 of IPC and Sections 3(1)(E), 3(1)(F) and 3(2)(va) of the SC/ST Act has been rejected.

Learned counsel for the appellant argued that appellant is innocent andhas been falsely implicated. The injury allegedly caused by appellant - accusedare simple in nature. Further argument is that appellant is in custody since07.1.2024. Material part of the investigation has already been concluded,therefore, there is no requirement of further custodial interrogation of theappellant. The appellant is the permanent resident of District Gwalior (M.P.).Conclusion of trial is likely to take time and there is no likelihood of hisabsconsion, i f released on bail. Hence, he prays for grant of bail to theappellant.

Per contra, learned counsel for the State has opposed the appeal citingthe criminal history of the appellant and prayed for its rejection.

Considering the facts and circumstances of the case, but withoutcommenting upon the merits of the case, this appeal stands allowed and it isdirected that the appellant be released on bail on furnishing a personal bond inthe sum of Rs.1,00,000/- (Rs. One Lakh Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court.

This order will remain operative subject to compliance of the followingconditions by the appellant:-

1. The appellant will comply with all the terms andconditions of the bond executed by him; conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial,as the case may be; as the case may be; 3 . The appellant will not indulge himself in extendinginducement, threat or promise to any person acquaintedwith the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the PoliceOfficer, as the case may be;

4. The appellant shall not commit an offence similar tothe offence of which he is accused;

5. The appellant will not seek unnecessary adjournmentsduring the trial; and

6. The appellant will not leave India without previouspermission of the trial Court/Investigating Officer, as thecase may be.

7. The appellant shall mark his presence before theSHO of the concerning police station in the firstweek of every month till conclusion of trial.

Learned State counsel is directed to send an e-copy of this order to theStation House Officer of the concerned Police Station for information andnecessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

AKS

(SUNITA YADAV)JUDGE

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