Madhya Pradesh High Court
Chandrakant Jagtap @ Bapu vs The State Of Mp on 13 March, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 13 th OF MARCH, 2023
CRIMINAL APPEAL No. 2813 of 2023
BETWEEN:-
CHANDRAKANT JAGTAP @ BAPU S/O ASHOK JAGTAP,
AGED ABOUT 40 YEARS, OCCUPATION: LABORER R/O
VILLAGE SHARAPUR (MO) POLICE STATION MOHOL
TEHSIL MOHOL DISTICT SOLAPUR (M.H)
(MAHARASHTRA)
.....APPELLANT
(BY SHRI RAVI DWIVEDI - ADVOCATE)
AND
1. THE STATE OF MP THROUGH POLICE STATION
SAMNAPUR DISTRIVT DINDORI (MADHYA
PRADESH)
2. AMIT USRATHE S/O ASHOK USRATHE, AGED
ABOUT 28 YEARS, R/O SAMNAPUR POLICE
STATION SAMNAPUR DISTRICT DINDORI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI VIVEK LAKHERA - GOVERNMENT ADVOCATE FOR THE
RESPONDENT NO.1-STATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This is first criminal appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended Signature Not Verified r e a d with Section 439 of Cr.P.C. for grant of regular bail to the SAN Digitally signed by ASHWANI PRAJAPATI appellant-Chandrakant Jagtap @ Bapu, who is in custody since 08.03.2022 Date: 2023.03.13 17:43:16 IST i n connection with Case Crime No.605/2021 registered at Police Station 2 Samnapur, District Dindori (M.P.) for the offences punishable under Sections 363, 368, 370(5), 34 of Indian Penal Code read with Sections 75, 79, 84 of Juvenile Justice (Care and Protection of Children) Act, 2015 and Sec. 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.
It is submitted by the learned counsel for the appellant that Chatur Singh, father of Deep Singh, Deep Singh S/o Chatur Singh, Phool Singh S/o Kunwar Singh, Veer Singh S/o Bhaglu, father of Ashok Kumar, Ashok Kumar S/o Veer Singh, Heeralal S/o Hariram, father of Ganesh, Meghan Singh S/o Sukh Singh, Dharam Singh S/o Ramlu Singh, Sukh Singh S/o Ramlal, Bhaiyalal S/o Chimthu and Baisakhu S/o Bigru have been examined before the trial Court. None of these witnesses have said anything against the present appellant. It is further submitted that the appellant is custody since 08.03.2022 and trial is going to take time for its conclusion, Hence, prayer is made to enlarge the appellant on bail.
Shri Vivek Lakhera, learned Government Advocate for the State opposes the prayer for grant of bail. However, he is not in a position to demonstrate from the case diary that what efforts were made by the Investigating officer to collect correct date of birth of the victims to show that they were minor at the time of incident.
He further submits that some of the Aadhar cards have been collected but is not in a position to answer the query of this Court that when registration of birth and death is mandatory then what action is taken against the authorities of the concerned village, namely, Village Ajwar Saila Tola, Police Station Signature Not Verified SAN Samnapur, District Dindori for not registering the births and deaths properly Digitally signed by ASHWANI PRAJAPATI Date: 2023.03.13 17:43:16 IST and maintaining the record.
3There is no material on record to show that these persons were forcefully taken to Bangalore or have said in unequivocal terms that they were taken to Karnataka and some were given work of harvesting of sugarcane and police had brought them back to the village. They all have admitted that they had not lodged any report against any person.
Taking these facts into consideration and also the fact that the applicants are in custody since 08.03.2022 and trial is going to take time, prosecution witnesses have not said anything against the present appellant and there is no criminal history of the present appellant, without commenting anything on merits of the case, this criminal appeal is allowed.
It is directed that appellant Chandrakant Jagtap @ Bapu be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court to appear before the said Court on the dates given by the concerned Court. It is further directed that appellant shall comply with the provisions of Section 437 (3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.
This appeal stands allowed & disposed of.
Certified copy as per rules.
(VIVEK AGARWAL) Signature Not Verified SAN JUDGE A.Praj.
Digitally signed by ASHWANI PRAJAPATI Date: 2023.03.13 17:43:16 IST