Madhya Pradesh High Court
CRA/1325/2024 of ARJUN YADAV 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 DINESH KUMAR PALIWALON THE 2[nd] OF FEBRUARY, 2024
CRIMINAL APPEAL No. 1325 of 2024
BETWEEN:-
ARJUN YADAV S/O MATHURA PRASAD YADAV, AGEDABOUT 25 YEARS, OCCUPATION: LABOURER R/O SATAIROAD MAHARANA PRATAP NAGAR CHHATARPUR(MADHYA PRADESH)
(BY SHRI RANJAN BANERJEE-ADVOCATE)
.....APPELLANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION CIVIL LINES CHHATARPURDISTRICT CHHATARPUR (MADHYA PRADESH)
2.AJAYRAJ BHARTI S/O CHHANNULAL AHIRWARBHARAT NAGAR CIVIL LINES CHHATARPUR(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANOJ KUSHWAHA-PANEL LAWYER FOR RESPONDENTNO.1/STATE AND NONE FOR RESPONDENT NO.2 DESPITE SERVICE OFNOTICE)
This appeal coming on for admission this day, the court passed the following:
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ORDER
This second application for grant of bail in the form of criminal appealunder Section 14-A of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989 has been filed assailing the order dated11.09.2023 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Chhatarpur, whereby application under Section 439 of Cr.P.C. for grant of regular bail filed on behalf of appellant/accused has been dismissed.
2. Appellant's first bail application in the form of criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention ofAtrocities) Act, 1989 was dismissed as withdrawn and not pressed with libertyto renew the prayer for bail after three months vide order dated 20.10.2023passed in Cr.A.No.12118 of 2023.
3. Appellant has been arrested in connection with F.I.R. bearing CrimeNo.590/2023 dated 09.08.2023 registered at Police Station-Civil Lines,Chhatarpur (M.P.) for commission of offence under Sections 294, 323, 327,506 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes andthe Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant is indetention since 10.08.2023.
4. As per the prosecution story, on 09.08.2023, Arjun Yadav demandedRs.500/- from complainant Ajayraj Bharti. When he refused to give the money,he abused him, called by name and beat him by means of wood stick causinginjuries. FIR was registered. After investigation, charge-sheet has already beenfiled.
5. Learned counsel for the appellant has submitted that the appellant hasnot committed any offence. He is innocent. He has been falsely implicated. Heis in jail for the last more than five months. Injuries sustained by the injured aresimple in nature. Therefore, it is prayed that the appellant may be released onbail.
6. On the other hand, learned counsel for the State has opposed grant ofbail on the ground that appellant has criminal background of eleven cases.
7. Undoubtedly, appellant has criminal background of eleven cases buthaving taken into consideration his detention period including the facts and circumstances of the case, but without expressing any opinion on the merit ofthe case, I am inclined to release him on bail. Consequently, this appeal underSection 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention ofAtrocities) Act, 1989 stands allowed and the impugned order dated 11.09.2023passed by Special Judge, SC/ST (Prevention of Atrocities) Act, DistrictChhatarpur (M.P.) is set-aside.
8. It is directed that appellant - Arjun Yadav be released on bail on hisfurnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trialCourt, for his regular appearance before the trial Court during trial with acondition that he shall remain present before the concerned Court on all thedates fixed by it during trial. He shall abide by all the conditions enumeratedunder Section 437(3) of Cr.P.C.
9. This order shall be effective till the end of the trial. However, in case ofbail jump and breach of any of the conditions of bail, it shall becomeineffective.
Certified copy as per rules.
b
(DINESH KUMAR PALIWAL)JUDGE