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Madhya Pradesh High Court

Ramesh Yadav vs The State Of Madhya Pradesh on 16 August, 2023

Author: Vishal Dhagat

Bench: Vishal Dhagat

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VISHAL DHAGAT
                                                ON THE 16 th OF AUGUST, 2023
                                             CRIMINAL APPEAL No. 9629 of 2023

                           BETWEEN:-
                           RAMESH YADAV S/O SHRI SHIVBALAK, AGED ABOUT 30
                           YEAR S , OCCUPATION: AGRICULTURE R/O VILLAGE
                           BHITARI P.S. STATION RAMPUR NAIKIN, DISTRICT
                           SIDHI (MADHYA PRADESH)

                                                                                            .....APPELLANT
                           (BY SHRI VARUN KUMAR DUBEY - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION RAMPPUR NAIKIN, DISTRICT
                                 SIDHI (MADHYA PRADESH)

                           2.    RAJ KUMAR VERMA (CHARMKAR) OCCUPATION:
                                 ASSISTANT SUB INSPECTOR, POSTED AT POLICE
                                 STATION RAMPUR NAIKIN, DISTRICT SIDHI
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (BY SHRI A.S. PATHAK - GOVT. ADVOCATE)

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

This is first criminal appeal filed on behalf of the appellant under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail against order dated 24.06.2023 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, District Sidhi (MP) passed in B.A. No.257/2023.

2 . Appellant has been arrested on 23.05.2023 in connection with FIR Signed by: SUNIL KUMAR PATEL Signing time: 17-08-2023 16:02:27 2 No.447/2023 registered at Police Station-Rampur Naikin, District-Sidhi (M.P.) for the offences punishable under Sections 353, 332, 333, 186, 294, 147, 148, 379 and 414 of IPC, Section 27, 29, 41 and 51 of Wild Life (Protection) Act, 1972, Section 2, 41, 51, 15 of Forest Act, 1927, Section 4/21 of Mines and Mineral Act, and Section 2 of Forest Conservation Act and Section 3(1)(Da), 3(1)(Dha), 3(2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Learned counsel appearing for the appellant submitted that offence under Section 333 of IPC is not made out against the appellant. No grievous injury has been caused. Offence under Section 353 of IPC is punishable with two years of imprisonment and fine. Investigation in the case is complete and charge-sheet has already been filed. In these circumstances, appellant be enlarged on bail.

4 . Learned Government Advocate appearing for State opposed the criminal appeal for grant of bail. It is submitted that injury has been caused on public servant. In these circumstances, appeal filed by appellant be dismissed.

5. Heard the learned counsel for the parties.

6. Investigation in the case is complete and charge-sheet has been filed. No grievous injury has been caused to any public servant, therefore, under Section 333 of IPC is not made out against the appellant. Offence under Section 353 of IPC is punishable with two years of imprisonment and triable by Judicial Magistrate First Class. Appellant does not have any criminal antecedent and there is no other case registered against the appellant in respect of Mines and Minerals (Development and Regulation) Act, 1957.

7. Considering aforesaid facts and circumstances of the case, criminal Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 17-08-2023 16:02:27 3 appeal filed by appellant is allowed. It is directed that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) by the appellant along with one solvent surety in the like amount to the satisfaction of trial Court concerned, the appellant be released on bail.

8. The appellant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:-

(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

C.C. as per rules.

(VISHAL DHAGAT) JUDGE sp/-