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Madhya Pradesh High Court

Shubham Jaiswal vs The State Of Madhya Pradesh on 13 February, 2019

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                                                       Cr. A. No.783/2019

          THE HIGH COURT OF MADHYA PRADESH
                            CrA. No.783/2019
   (Shubham Jaiswal v. The State of Madhya Pradesh and another)
Jabalpur, Dated 13.02.2019
      Shri Ajay Shukla, learned counsel for the applicant.
      Shri Manosh Kushwaha, learned Panel Lawyer for the
respondent/State.

Case diary perused.

Heard the learned counsel for the parties.

This is an appeal filed under Section 14-A of the S.C./S.T (Prevention of Atrocities) Act against the impugned order dated 29.12.2018 passed by the Special Judge (Atrocities), District Khandwa whereby, the Court below has dismissed the application filed by the appellant under Section 439 of the Cr.P.C.

The appellant is in custody since 06.12.2018 for the offences under Sections 354(A), 354(C) & 34 of IPC and Section 67 & 67(A) of I.T. Act, and Section 3(1)(10) of the SC/ST Act in Crime No.636/2018 registered by Police Station Kotwali, District Khandwa.

According to the prosecution story, the complainant Mahendra Singh was married to Pooja in the year 2017. On 05.10.2018, the complainant received his wife's photograph on his facebook, posted by co-accused Shubham Jaiswal. On being inquired Shubham Jaiswal told that he has received the photograph from appellant-accused Ritesh Jaiswal. On further inquiring about Ritesh Jaiswal, Shubham sent whatsapp chat message to the complainant. Thereafter, his wife blamed that Ritesh was eve-teasing her by loose comments and caste related words. Therefore, aforesaid offences were registered against the appellant-accused.

Learned counsel for the appellant/accused has submitted that the appellant is innocent and he has been falsely implicated in this case.

He is in custody since 06.12.2018. The trial will take considerable time in disposal of the case. In view of the aforesaid circumstances, prayer is made to enlarge the appellant /accused on bail.

Learned Government Advocate appearing on behalf of the State has opposed the bail application and prayed for rejection of the same.

Having considered the contentions of learned counsel for the parties and perusal of the case diary it is found that Shubham has only forwarded that photograph received from Ritesh. Therefore, without commenting on the merits of the case, this appeal is allowed. It is ordered that the appellant/accused be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub- section (3) of Section 437 of Cr.P.C.

This order shall remain effective till the end of the trial but in case of bail jump it shall become ineffective.

Certified copy as per rules.

(Akhil Kumar Srivastava) Judge loretta Digitally signed by LORETTA RAJ Date: 2019.02.15 03:56:32 -08'00'