Deepak Bhargav vs State Of Madhya Pradesh And Others

Rajeev Kumar Shrivastava, J

Present s e c o nd criminal appeal filed under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, assails the order dated 09/05/2022 passed by the Special Judge (Atrocities), Gwalior (M.P.); whereby, the application preferred by appellant herein under Section 439 of Cr.P.C. has been rejected.

Appellant has been arrested on 12/01/2020 in connection with offences punishable under Sections 147, 148, 149, 294, 307, 302, 506 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, registered as Crime No.21/2020 by Police Station Bhitarwar, District Gwalior (M.P.).

Learned counsel for the appellant- Deepak Bhargav has submitted that the appellant has not committed any offence. He has falsely been implicated in this case. Appellant is in custody since 12/01/2020, i.e. for around two years and ten months. This is second criminal appeal on behalf of the appellant for grant of bail. Earlier appeal was dismissed as withdrawn. Now all the material prosecution witnesses have been examined. It is further submitted that there are omnibus allegations against the appellant. It is also submitted that the case is not of pre-planned murder as the incident happened due to sudden and grave provocation. Remaining trial will take its own time. The appellant is ready to abide by any condition which may be imposed by this Court. Hence, considering the aforesaid facts, learned counsel prays for grant of bail to the appellant.

Learned State counsel vehemently opposed the submissions made by learned counsel for the appellant and has submitted that the case is registered against the appellant under Sections 147, 148,149, 294, 307, 302, 506 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and he is the main accused who caused gun shot injury to the deceased which resulted into his death. Hence, considering the nature and gravity of offence, learned State counsel prays for dismissal of this criminal appeal.

Heard learned counsel for the parties and perused the case diary. Considering the arguments advanced by learned counsel for the parties along with facts & circumstances of the case and the fact that appellant is in custody since last more than two and half years and now material prosecution witnesses have been examined and remaining trial will take its own time, without commenting on merits of the case, the appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing a personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one local surety in the like amount to the satisfaction of the trial Court concerned.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will co-operate in the investigation/trial, as the case may be;

3 . The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4 . The appellant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand canceled;

5 . The appellant will not move in the vicinity of complainant party and appellant will not seek unnecessary adjournments during the trial;

The appellant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be;

The appellant shall mark his presence before the SHO of concerning police station once in every month till conclusion of trial.

This criminal appeal stands disposed of in above terms.

Let a copy of this order be sent to the Court concerned for information.

Certified copy as per rules.