Madhya Pradesh High Court
Vishal Tank @ Balli Tank vs State Of M.P. on 20 June, 2022
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 20th OF JUNE, 2022
CRIMINAL APPEAL No. 4111 of 2022
Between:-
VISHAL TANK @ BALLI TANK S/O VEDPRAKASH
TANK , AGED ABOUT 30 YEARS, OCCUPATION:
SAFAI KARMI IN NAGAR PALIKA ITARSI R/O
MALVIYAGANJ, BALMIK COLONY, TEHSIL-
ITARSI, DISTRICT- NARMADAPURAM, M.P.
(MADHYA PRADESH)
.....APPELLANT
(BY SHRI B. K. UPADHYAY, ADVOCATE)
AND
1. STATE OF M.P. THROUGH POLICE STATION
ITARSI DISTRICT- NARMADAPURAM, M.P.
(MADHYA PRADESH)
2. SANNI KORI S/O SHRI NARMADA PRASAD
K O R I ITARSI THROUGH SHO P.S ITARSI
DISTRICT NARMADAPURAM M.P (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI RAMJI PANDEY, GOVT. ADVOCATE FOR RESPONDENT
NO.1.
NONE FOR RESPONDENT NO.2)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
Case diary perused and arguments heard.
This criminal appeal has been filed under Section 14A of the SC/ST Signature Not Verified SAN (Prevention of Atrocities) Act, 1989 against the order dated 27/4/2022 passed Digitally signed by DEEPA MISHRA Date: 2022.06.20 17:46:20 IST by Special Judge (Prevention of Atrocities) Act, Itarsi, District Narmadapuram, 2 in B.A. No.202/2022, whereby learned Special Judge rejected the bail application under Section 439 of Cr.P.C. for grant of bail in Crime No.271/2021 registered at Police Station Itarsi, District Narmadapuram for the offences punishable under Sections 326, 324, 323, 294, 506, 34 of IPC and Sec.3(1)(r), 3(1)(s) and 3(1)(va) of SC/ST (Prevention of Atrocities) Act. Appellant is in jail since 19.4.2022.
Learned counsel for the appellant submitted that appellant is a Government employee as he is employed as a Sweeper in Nagar Palika, Itarsi. He has not caused any grievous injury to the injured/ complainant. He has no criminal past. He is permanent resident of Itarsi. He shall abide by all the conditions whatsoever imposed by this Court.
Learned counsel for the appellant further submitted that a counter case has been registered against the complainant party of this case on the basis of F.I.R. lodged by Ajay Katiya. Appellant is in jail for the last two months. Therefore, it has been prayed that appellant be released on bail.
On the other hand, learned Government Advocate for the State has opposed grant of bail to the appellant as he has a criminal past as one case under Section 452, 341 of IPC was registered against him long back in the year 2010. Therefore, he has prayed for dismissal of this appeal.
On a perusal of case diary of Crime No.271/2022 of P.S. Itarsi, District Narmadapuram (Hoshangabad), it is revealed that on 10.4.2022 at 10.19 a.m. on the basis of information given by Sunny, an F.I.R. was registered mentioning that Ajay Katiya's sister's marriage was solemnized with Dinesh @ Tanna Thakur. A Court case is pending between them. On 9.4.2022 at around 11.30 Signature Not Verified SAN p.m. complainant Sunny along with his friend Ajay was standing near 28 No. Digitally signed by DEEPA MISHRA Date: 2022.06.20 17:46:20 IST wine shop. In the meantime, Tanna @ Dinesh and his friend Balli @ Vishal (i.e. 3 present appellant) came and said to Ajay as to why his sister lodged a case against them. Tanna took a knife from his pocket and tried to inflict injury on Ajay but complainant came ahead of him and sustained injury near his right eye. In the meantime, Balli i.e. present appellant caused injury on his right thigh by means of blunt side of axe. Thereafter, they both fled away from the spot. Tanna also threaten him to kill.
On a perusal of medical report it is revealed that 7 injuries have been found on the person of Sunny. Only allegation against the appellant is that he had caused injury by means of blunt side of axe. In x-ray report dislocation of right clevical has been noted. No fracture has been found on the right side of thigh in which appellant is alleged to have caused injury. 15 cases are registered against complainant- Sunny. After investigation, charge sheet has been filed and appellant/ accused Vishal is in jail for the last more than two months.
Having considered all the facts and circumstances of the case, including custody period and the fact that trial of the case will take considerable time, without commenting anything on the merits of the case, the application is allowed. It is directed that the appellant - Vishal Tank @ Balli Tank shall be released on bail on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
Signature Not Verified SANThis order will remain operative subject to compliance of the following Digitally signed by DEEPA MISHRA conditions by the appellant :-
Date: 2022.06.20 17:46:20 IST 41. The appellant will comply with all the terms and conditions of the bond executed by him;
2. The appellant will cooperate in the trial;
3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without prior permission of the trial Court.
Accordingly, appeal is disposed of.
C.C. as per rules.
(DINESH KUMAR PALIWAL) JUDGE mrs. mishra Signature Not Verified SAN Digitally signed by DEEPA MISHRA Date: 2022.06.20 17:46:20 IST