Madhya Pradesh High Court
CRA/1049/2024 of ISHU KEWAT Vs THE STATE OF MADHYA PRADESH on 2 February 2024
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. 1049 of 2024
BETWEEN:-
ISHU KEWAT S/O RAMESH PRASAD KEWAT, AGEDABOUT 24 YEARS, OCCUPATION: PRIVATE WORKVILLAGE RIGRA POLICE STATION DEHAT DISTRICTMAIHAR (MADHYA PRADESH)
(BY SHRI ASHOK K. TIWARI - ADVOCATE )
.....APPELLANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION DEHAT DISTRICT MAIHAR(MADHYA PRADESH)POLICE STATION DEHAT DISTRICT MAIHAR(MADHYA PRADESH)
2.AJAY KUMAR DAHIYA S/O RAJARAM DAHIYA,AGED ABOUT 27 YEARS, R/O VILLAGE - RIGRA,P.S. DEHAT , DSTRICT MAIHAR (MADHYAPRADESH)
(BY SHRI PRAMOD CHOUBEY - GOVT. ADVOCATE )
.....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 bail against order dated 08.12.2023 passed bySpecial Judge, SC & ST (Prevention of Atrocities) Act, Satna (M.P.) passed inSpecial Case (ATR) No. 152/2023.
2. Appellant has been arrested on 01.09.2023 in connection with FIR
No.328/2023, registered at Police Station-Dehat, District Maihar (M.P.) for theoffences punishable under Sections 302 of IPC and Section 3(2)(v) ofScheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3 . I t is submitted by learned counsel appearing for appellant that appellant is innocent and has falsely been implicated in the case. Appellant isalleged to have used a vegetable cutting knife, which was kept on his shop.Victim fell on said vegetable cutting knife, which resulted in injury and he died.In these circumstances, appellant be enlarged on bail.
4 . Learned Government Advocate appearing for State opposed thecriminal appeal for grant of bail. It is submitted that there are direct allegationsthat applicant assaulted the deceased (Rohit Dahiya) on his chest, whichresulted in his death.
5. Heard the learned counsel for the parties.
6. Considering aforesaid facts of the case, criminal appeal filed by appellant is dismissed.
nd
(VISHAL DHAGAT)JUDGE