CRA/8594/2018 of RISHIKESH BHAGAT Vs THE STATE OF MADHYA PRADESH on 31 December 2018

The High Court Of Madhya PradeshCRA-8594-2018

(RISHIKESH BHAGATVs THE STATE OF MADHYA PRADESH)

[31][-][12][-][2018]Jabalpur, Dated :

Shri Yogesh Soni, Advocate for the appellant.

Shri S.K. Rai, Govt. Advocate for the respondent No.1/State.

None present from the respondent No.2/complainant despitecompliance of provision of Section 15(A)(III) of SC/ST (Prevention ofAtrocities) Act by the respondent No.1.

Case diary perused and arguments heard.

This criminal appeal has been filed under Section 14-A of SC/ST(Prevention of Atrocities) Act 1989 against the order dated 15/10/2018passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in B.A. S.C.No.158/18; whereby learned Special Judge rejected the bail application filedby the appellant under Section 439 of Cr.P.C. to get bail in Crime No.478/18registered at P.S. Madhav Nagar, Distt. Katni (M.P.) for the offencespunishable under Sections 302, 120-B of IPC and Sections 3(2)(v) of SC/ST(Prevention of Atrocities) Act 1989.

As per the prosecution case, on 15/7/2018, complainant Durga Thakurlodged the report to the effect that his farmhouse is situated at Madhav Nagarin which two rooms have been built. On 11/7/2018 at around 4 p.m., healong with Himanshu Tiwari, Vikram Patel and his uncle had gone their, tokeep the boring equipment and after keeping that material, in the room theyreturned back after locking the room. On 12/07/2018 at about 11.30 p.m.near Madhav Nagar railway station, appellant Rishikesh along with BobbySatyam Mehato and co-accused Sarvan met him and appellant Rishikeshdemanded key of that farmhouse for staying there in the night, so he handedover the key of the farmhouse to them but they have not returned that key tilltoday so at 11.15 a.m., when he opened that farmhouse by the second key atthat time, he saw that the dead body of Sumit Gond was lying in bed in theroom, somebody had murdered him. On that, police registered Crime No.478/18 registered at P.S. Madhav Nagar, Distt. Katni (M.P.) for theoffences punishable under Sections 302, 120-B of IPC and Sections 3(2)(v)of SC/ST (Prevention of Atrocities) Act 1989 and investigated the matter.During the investigation, it was found that the appellant and co-accusedSannu @ Pradeep Sondhiya, Sarvan @ Ritesh Kumar Singh murdered SumitGond. On that, on 17/7/2018 and 1/8/2018 police arrested the appellant, co-accused Pradeep Sondhiya and Sarman @ Ritesh Kumar Singh. On that,appellant filed an application under Section 439 of Cr.P.C. for releasing himon bail, which was rejected by the learned Special Judge, SC/ST (Preventionof Atrocities) Act vide order dated 15/10/2018. Being aggrieved by theimpugned order, appellant filed this Criminal Appeal.

Learned counsel for the appellant submits that the appellant has notcommitted any offence and has falsely been implicated in the offence. Thereis no direct evidence on record to connect the appellant with the crime. Onlyon the basis of the memorandum of co-accused, police implicated theappellant in the crime. The appellant is in custody since 17/7/2018. Chargesheet has been filed and the conclusion of trial is likely to take long time,hence prayed for release of the appellant on bail.

On the other hand, learned counsel for the respondent/State opposedthe prayer and submitted that the sufficient evidence is available to connectthe appellant with the offence in question. So, he should not be released onbail.

It appears from the record that Police only on the basis that DurgaPrasad had given the key of his farmhouse to co-accused Sarvan at theinstance of appellant Rishikesh and the memorandum of co-accused,implicated the appellant in the crime. While in the statement of Durga Prasad,it is mentioned that he handed over the key of farm house to co-accusedSarvan and he handed over the key on 12/07/18 while deceased Sumit died on14/07/18. Deceased Sumit was last seen with co-accused Sannu @ PradeepSondhiya, Sarvan @ Ritesh Kumar Singh. Nothing has been recovered from

the possession of the appellant by the police during investigation. Charge- sheet has been filed, applicant is in custody since 17/7/2018 and conclusionof trial will take time, so without commenting on merit, the appeal is allowed.It is directed that the appellant be released on bail on his furnishing personalbond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with onesolvent surety in the like amount to the satisfaction of trial Court.

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