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None for the respondent Nos. 2 and 3/complainants, though represented.

Learned counsel for the appellants submitted that he does not wish to press the bail application so far as relates to appellant No.1 Shivprasad @ Minda.

In view of the aforesaid, the bail application so far as relates to appellant No.1 Shivprasad @ Minda is dismissed as not pressed.

Heard with the aid of case diary.

This criminal appeal has been filed under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act against the order dated 31/03/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in B.A. No.39/2018; whereby learned Special Judge rejected the bail application filed by the appellants Bablu Kewat S/o Shri Ram Prasad Kewat and Bablu Kewat S/o Shri Jagdesh Kewat under Section 439 of Cr.P.C. to get bail in Crime No.39/2018 registered at Police Station Budhar, District-Shehdol (M.P) for the offence punishable under Sections 147, 148, 149, 307, 323 & Section 25/27 of Arms Act & Section 3(2)(5) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act.

As per prosecution case on 17/01/2018 at 02:00 PM appellants Bablu Kewat & Bablu Kewat and other co-accused persons Lalitesh Yadav, Lalan Kewat, Daddu Baiga, Minda Yadav, Mukul Yadav and Lallu Kewat went to the Hotel of Jhurru Kewat THE HIGH COURT OF MADHYA PRADESH (Shivprasad @ Minda and others vs. State of Madhya Pradesh) situated at village Jarwahi armed with stick, sword and knife and abused the complainant Ajay Yadav and his friends Manoj Raidas & Ramchandra. Thereafter, co-accused Minda Yadav inflicted knife blow on the stomach of Ramchandra and co-accused Lalan Kewat also assaulted Manoj Choudhary by means of sword, who sustained injury in his right hand. When Sumit Singh and Sani Kewat came to rescue him, on that co-accused Lalitesh Yadav and Mukul Yadav also assaulted them by stick. During investigation on 20/03/2018 police arrested the appellant. 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 31/03/2018. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

Learned counsel for the appellant submits that appellant has not committed any offence and has falsely been implicated in the offence. Otherwise also according to the prosecution story co- accused Minda Yadav caused grievous injury to Ramchandra by knife. He further submits that the appellants are in custody since 20.03.2018. The charge-sheet has been filed and the conclusion of trial is likely to take long time, hence prayed for release of the appellant on bail.

On the other hand, learned counsel for the respondent/State opposed the prayer.

Looking to the facts and circumstances of the case and as to the fact that charge-sheet has been filed and conclusion of trial will take time and the appellants are in custody since 20.03.2018, so without commenting on the merits of the case, the application is allowed and appellants-Bablu Kewat S/o Shri Ram Prasad THE HIGH COURT OF MADHYA PRADESH (Shivprasad @ Minda and others vs. State of Madhya Pradesh) Kewat and Bablu Kewat S/o Shri Jagdesh Kewat are directed to be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with separate surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.