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Judgment
16 paragraphs · 279 wordsB. K. Shrivastava, J
Heard on appeal filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act filed on 08.12.2020 on behalf of Aman Patel, who was arrested
on 12.12.2019 in connection with the Crime No. 483/2019 registered at Police Station, Ganj, Betul for the offences punishable under Sections 294, 326,
506 of IPC and Sections 3(1) (Da) (Dha) 3 (2) (Va) 3 (2) (V) of SC/ST (Prevention of Atrocities) Act.
This is the third appeal on behalf of the appellant. The first was dismissed on 30.09.2020. Thereafter, the second was also dismissed on 21.01.2020
and the liberty was granted to file fresh application after recording of the statement of victim before the trial Court.
At present the appellant has filed Annexure A/4 which is the statement of victim Ritik recorded on 25.11.2020 by Special Judge, SC/ST, Court, Betul
in Special Case No. 33/2020. It is submitted that the victim has been declared hostile by the trial Court. He did not allege any fact against the
appellant.
On the other side, the State strongly opposed the application.
Looking to the custody period, fact of the case and the statement of victim, without commenting on merits, the appeal is allowed. The impugned order
is set aside and it is directed that the appellant Aman Patel be released on bail upon his furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty
Thousand Only) and a personal bond of the same amount to the satisfaction of the trial Court.
At the time of releasing from custody, all the instructions issued by the government related to Covid-19 shall also be followed by the concerned
authority.
Accordingly, this appeal stands allowed.