Madhya Pradesh High Court
Vikki @ Netrapal Singh vs The State Of Madhya Pradesh on 5 February, 2019
1 CRA-960-2019
The High Court Of Madhya Pradesh
CRA-960-2019
(VIKKI @ NETRAPAL SINGH Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated : 05-02-2019
Shri Ajay Raghuvanshi, learned counsel for the appellant.
Smt. Gayatri Surve, learned Public Prosecutor for respondent
No. 1/State.
None for respondent No. 2/complainant.
Case diary is available.
It is submitted by the learned Public Prosecutor that the complainant has been informed as required under Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC/ST Act").
This is first criminal appeal filed under Section 14-A of the SC/ST Act arising out of order dated 22/1/2019 passed by Shri Anand P. Rahul, District and Sessions Judge, Special Judge, Ashoknagar in MCRC No.05/2019 whereby the application filed by the appellant under Section 439 of CrPC has been rejected.
The appellant has been arrested on 18/1/2019 in connection with Crime No.573/2018 registered at Police Station Dehat, District Ashoknagar for offence under Sections 323, 324, 294, 506 of the IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the SC/ST Act.
It is submitted by the learned counsel for the appellant that the appellant has been falsely implicated. According to the prosecution case, the appellant uttered caste related words to the complainant and on opposition of the same, beaten the complainant and his mother Kasi Bai by means of a danda. Initially the offence was registered under Sections 323, 294, 506 of the IPC and Sections 3(1)(r), 3(1)(s) 2 CRA-960-2019 and 3(2)(va) of the SC/ST Act which are bailable offences but after the medical examination, offence under Section 324 of the IPC has been added to make the offence non-bailable. However, even if the prosecution case is accepted, no injury has been caused on the vital parts of the body of the injured and a danda was used which is not a sharp-cutting weapon. It is further submitted that the investigation has been completed and the charge-sheet has been filed. There is no possibility of his absconding or tampering with the prosecution case. Hence, requested to grant bail to the appellant.
Per contra, the appeal is opposed by the learned Public Prosecutor on the ground that in this matter a lady belonging to reserved category has been humiliated and beaten.
Considering the facts and circumstances of the case and without commenting on merits of the case, the application is allowed. It is directed that the appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant:
1. The applicant will comply with all the terms and conditions of the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts
3 CRA-960-2019 of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which he is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
Certified copy as per rules.
(Rajeev Kumar Shrivastava)
Judge
ALOK KUMAR
2019.02.06
13:41:21 AKS
+05'30'