Amit Kirar vs State Of MP

Deepak Kumar Agarwal, J

This Criminal Appeal has been preferred under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against

the order dated 22/07/2021, passed by Special Judge (Atrocities), Gwalior rejecting the bail application filed by the appellant under Section 439 of

CrPC.

Appellant has been arrested on 22/07/2021 in connection with Crime No.434/2021 registered at Police Station Janakganj, District Gwalior for offence

under Section 306 of IPC and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

According to the prosecution case, on 07/06/2021 at about 02:00 pm complainant Suraj Dhanuk (brother of the deceased) went to his shop. At that

time, her sister (deceased) Anu @ Rupali was watching TV. At about 06:00 pm, when he returned to his home, he saw that the door of the house was

locked inside. Then he knocked the door, but he could not receive any response. Thereafter, he called the owner of the house and the owner of the

house also knocked the door but he could not receive any response. Afterwards, on seeing through the window, the complainant found that her sister

was hanging by a scarf (chuni). Thereafter, the door was broken and he lodged a report at police station. On his information, merg under Section 174

of CrPC at merg no.67 was recorded and merg was enquired. During merg enquiry, post mortem of the deceased was conducted. The statements of

the witnesses were recorded.

As per the complainant, the deceased had an intimacy with the appellant accused Amit Kirar and he used to abetment as a result of which, the

deceased committed suicide. After merg enquiry, Crime No.434/2021 for offence under Sections 306 of IPC and Section 3(2)(v) of Section 3(2)(v) of

the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been registered. During investigation, the applicant accused was

arrested on 22/07/2021.

It is submitted by Counsel for the appellant that the appellant is in jail from 22/07/2021 and conclusion of trial will take some time and there is no

possibility of his absconding or tampering with the prosecution case. Hence, he prayed for grant of bail.

Shri Kiran Kumar, learned Counsel appearing for the complainant submits that he has no objection if the appellant is enlarged on bail.

Shri Gupta, learned Counsel for the State formally opposed the criminal appeal and prayed for its rejection.

Considering the submissions made counsel for the parties as well as considering the fact that the appellant is in jail from 22/07/2021 and conclusion of

trial will take some time, but without commenting on the merits of the case, the appeal is allowed. The impugned order dated 22/07/2021 passed by

Special Judge (Atrocities), Gwalior is hereby set aside. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of

Rs.25,000/-(Rupees twenty five 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 Court concerned.

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

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