Madhya Pradesh High Court

CRA/206/2024 of NILESH YADAV Vs THE STATE OF MADHYA PRADESH on 2 February 2024

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COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI

1

IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024

CRIMINAL APPEAL No. 206 of 2024

BETWEEN:-

NILESH YADAV S/O SHRI SHRIRAM YADAV, AGEDABOUT 22 YEARS, OCCUPATION: AGRICULTURISTRESIDENT OF WARD NO 13, DAMKA MOHALLAKHARGAPUR P.S. KHARGAPUR DISTRICT TIKAMGARH(MADHYA PRADESH)

(BY SHRI S. K. MISHRA, ADVOCATE)

.....APPELLANT

AND

1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION KHARGAPUR DISTRICTTIKAMGARH (MADHYA PRADESH)

2.DAYARAM AHIRWAR S/O SHRI BANCHUAHIRWAR, AGED ABOUT 40 YEARS, R/O VILLAGESARKANPUR P.S. KHARGAPUR DISTRICTTIKAMGARH (MADHYA PRADESH)

(BY SHRI AKSHAY NAMDEO, GOVT. ADVOCATE &SHRI SHIVENDRA SHUKLA, ADVOCATE FOR OBJECTOR)

.....RESPONDENTS

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

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ORDER

This is the first criminal appeal filed on behalf of the appellant underSection 14-A of Scheduled Castes and Scheduled Tribes (Prevention ofAtrocities) Act, 1989 for grant of anticipatory bail against order dated27.12.2023 passed by Special Judge (Atrocities), District Tikamgarh Rewa(M.P.), by which his application has been dismissed.

2 . Appellant is apprehending his arrest in connection with FIRNo.273/2023, registered at Police Station Khargapur, District Tikamgarh (M.P.)for the offences punishable under Sections 323, 294 and 506 of IPC and underSection 3(1)(da), 3(1)(dha), 3(2)(v-Ka) of Scheduled Castes and ScheduledTribes (Prevention of Atrocities) Act, 1989.

3. Learned counsel appearing for appellant submitted that except offenceunder SC/ST Act other offences are bailable in nature. In these circumstances,appellant be released on anticipatory bail.

4. Learned counsel for the objector appeared before the Court andsubmitted that objector does not have any objection if appellant is released onbail.

5. Learned Govt. Advocate appearing for State opposed the appeal forgrant of anticipatory bail on ground that offence is serious in nature and 3 casesare registered against him in past.

6. Heard the counsel for the parties.

7. Offences registered against the appellant are not serious in nature. Complainant does not have any objection if appellant is released on bail.

8. Considering the aforesaid circumstances, appeal filed by appellant isallowed.

9. It is directed thatin the event of arrest ofappellant, heshall be releasedon bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of theArresting officer (Investigating Officer) for his regular appearance before thePolice during the investigation or before the Court during trial.

10. The appellant is directed to join the investigation immediately and co- operate with the investigating agency. He will further abide by the conditionsenumerated in sub-section (2) of Section 438 of the Cr.P.C.

Certified copy as per rules.

mms

(VISHAL DHAGAT)JUDGE

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