Madhya Pradesh High Court
Hallu Alais Pradeep Yadav vs The State Of Madhya Pradesh on 13 March, 2019
1 CRA-1949-2019
The High Court Of Madhya Pradesh
CRA-1949-2019
(HALLU ALAIS PRADEEP YADAV Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 13-03-2019
Shri Naveen Giri Goswami, Advocate for the appellants.
Shri Satyendra Jyotishi, Govt. Adv. for the respondent No.1/State.
None for the respondent No.2/complainant despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the respondent No.1.
Case diary perused and arguments heard.
This criminal appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 15/2/2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in B.A. No.144/2019; whereby learned Special Judge rejected the bail application filed by appellants namely Hallu alias Pradeep Yadav and Neeraj Rai under Section 439 of Cr.P.C. to get bail in Crime No.185/2018 registered at P.S. Garhakota, Distt. Sagar (M.P.) for the offences punishable under Sections 294, 323, 506, 307/34 of the IPC and Section 3(1)(d) and and 3(2)(V-A) of SC/ST (Prevention of Atrocities) Act 1989.
As per prosecution case, on 1/4/2018 at about 9.30 p.m., appellants Hallu alias Pradeep Yadav and Neeraj Rai assaulted injured Bhola Kori and also abused him due to which he also sustained injury in his stomach. On that, police registered Crime No.185/2018 for the offences punishable under Sections 294, 323, 506, 307/34 of the IPC and Section 3(1)(d) and and 3(2) (V-A) of SC/ST (Prevention of Atrocities) Act 1989. During investigation, on 31/12/2018 police arrested the appellants. On that, appellants filed an application under Section 439 of Cr.P.C. for releasing them on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 15/2/2019. Being aggrieved by the impugned order, appellants filed this Criminal Appeal.
Learned counsel for the appellants submits that the appellants have not Digitally signed by MONIKA CHOURASIA Date: 14/03/2019 12:50:32 2 CRA-1949-2019 committed any offence and have falsely been implicated in the offence. In the MLC report of the injured Bhola, it is mentioned that the injury sustained by him is simple in nature. The appellants are in custody since 31/12/2018. Charge sheet has been filed and the conclusion of trial is likely to take long time, hence prayed for release of the appellants on bail.
Learned counsel for the respondent/State opposed the prayer. Looking to the facts and circumstances of the case and as to the fact that appellants are in custody since 31/12/2018, charge sheet has been filed and the conclusion of trial will take time, so without commenting on merit, the appeal is allowed. It is directed that appellants namely Hallu alias Pradeep Yadav and Neeraj Rai be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety in the like amount to the satisfaction of trial Court.
This order will remain operative subject to compliance of the following conditions by the appellants :
1. The appellants will comply with all the terms and conditions of the bond executed by them;
2. The appellants will cooperate in the trial;
3.The appellants will not indulge themselves 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 appellants shall not commit an offence similar to the offence of which they are accused;
5. The appellants will not seek unnecessary adjournments during the trial; and
6. The appellants will not leave India without previous permission of the trial Court.
A copy of this order be sent to the Court concerned for compliance. C.C. as per rules.
(RAJEEV KUMAR DUBEY) Digitally signed by MONIKA CHOURASIA Date: 14/03/2019 12:50:32 3 CRA-1949-2019 JUDGE m/-
Digitally signed by MONIKA CHOURASIA Date: 14/03/2019 12:50:32