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Madhya Pradesh High Court

Brajesh @ Birju Kushwaha vs The State Of Madhya Pradesh on 23 May, 2022

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                          1
                                                    IN THE HIGH COURT OF MADHYA PRADESH
                                                                 AT JABALPUR
                                                                        BEFORE
                                                          HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                  ON THE 23rd OF MAY, 2022

                                                         CRIMINAL APPEAL No. 4380 of 2022

                                               Between:-
                                               BRAJESH @ BIRJU KUSHWAHA S/O SHRI
                                               RAGHUVEER KUSHWAHA, AGED ABOUT 30
                                               YE A R S , OCCUPATION: AGRICULTURE, R/O
                                               GRAM       TULSIPAR,  TAHSIL BEGUMGANJ,
                                               POLICE STATION BEGUMGANJ, DISTRICT
                                               RAISEN (M.P.)

                                                                                                    .....APPELLANT
                                               (BY SHRI RAM NARAYAN SHAH - ADVOCATE)

                                               AND

                                       1.      THE STATE OF MADHYA PRADESH THROUGH
                                               POLICE STATION BEGUMGANJ, DISTRICT
                                               RAISEN (M.P.)

                                       2.      HARPRASAD S/O KANCHHEDI, AGED ABOUT 65
                                               YEARS, R/O GRAM TULSIPUR DISTRICT RAISEN
                                               (M.P.)

                                                                                                 .....RESPONDENTS
                                               (BY SHRI VIJAY SONI - PANEL LAWYER)

                                             This appeal coming on for admission this day, th e court passed the

                                       following:
                                                                           ORDER

This appeal has been filed under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 22.04.2022 passed by Special Judge (SC/ST Act), Raisen (MP); whereby, the application of the appellant under Section 439 Signature Not Verified SAN of Cr.P.C. seeking bail has been rejected.

Appellant has been arrested on 05.04.2022 in connection with Crime 2 No.143/2022 registered at Police Station - Begumganj, District-Raisen for the offence punishable under Sections 436, 427 of the Indian Penal Code and Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

It is pointed out that the appellant has falsely been implicated in the case and has not committed any offence in any manner. The only allegation against the present appellant is that he set the house of the complainant on fire causing damage of Rs.5,000/-. It is further submitted that investigation is over and charge-sheet has been filed in the matter. The appellant is in custody since 05.04.2022. There is no further custodial interrogation of the appellant is required in the matter. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering the bail application. On these grounds, he prays for grant of bail.

P e r contra, learned counsel appearing for the State has vehemently opposed the appeal stating that there is a specific allegation against the appellant of setting the house of the complainant on fire, causing damage of Rs.5,000/-. He is having another case registered in the year 2018 but of minor offence. However, filing of charge-sheet is also not disputed by the State counsel.

Considering the overall facts and circumstances of the case and without commenting upon the merits of the case, this criminal appeal is allowed. The appellant be released on bail on furnishing a surety bond of Rs.50,000/- (Rupees Fifty Thousand only) with one local surety in the like amount to the satisfaction of trial Court.

I n view of the COVID-19, jail authorities are directed to follow the Signature Not Verified Covid-19 Protocol and guidelines before releasing the appellant on bail.

This order will remain operative subject to compliance of the following Date: 2022.05.24 11:55:22 IST conditions by the applicant :-

1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts 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 involve in any other offence in future, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

5. The appellant will not seek unnecessary adjournments during the trial;

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. If the appellant is found involved in any other case except what has been stated above, this bail shall stand rejected without reference to the court;

8. The appellant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

Criminal appeal stands allowed and disposed of.

Certified copy as per rules.

(VISHAL MISHRA) 4 V. JUDGE pp Signature Not Verified SAN Digitally signed by PUSHPENDRA PATEL Date: 2022.05.24 11:55:22 IST