Gaurav Raghuvanshi vs State Of M.P

S.A. Dharmadhikari, J

At the outset, learned Additional Advocate General has apprised this Court that respondent No.2/complainant has been informed with regard to the

pendency of this appeal as required under Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for

short “the Actâ€​).

Case Diary is perused.

Learned counsel for the rival parties are heard.

This criminal appeal u/S. 14-A (2) of the Act assails the order dated 28/07/2021 passed by Special Judge (Atrocities), District- Guna (M.P.), whereby

the application preferred by the appellant u/S. 439 Cr.P.C. has been rejected.

The appellant has been arrested by Police Station- Cantt, District-Guna (M.P.) in connection with Crime No.699/2021 registered in relation to the

offence punishable under Sections 307, 294, 323, 506, 147, 148 and 149 of IPC and Sections 3(1)( ), 3(1)( ) and 3(2)(va) of the Act.

Allegations against the present appellant and other co-accused persons, in short, are that on 09/07/2021 at about 2:00 PM, when the complainant was

going to market for shopping and as soon as he reached near Gomti Garden, the appellant alongwith co-accused persons i.e. Manjeet, Shubham,

Kuldeep, Golu, Amit, Kishan and lokendra meet him and they started abusing him filthily by using his caste related words. When the complainant

stopped them not to abuse him, co-accused-Manjeet, armed with Katta and Shubham, armed with stick, beat him by sticks, due to which, the

complainant received injuries. On the basis of aforesaid, crime has been registered.

Learned counsel for the appellant submits that appellant is a student aged about 18 years and he has been falsely implicated in the case. He is in

custody since 10/07/2021. Charge-sheet has been filed, therefore, no further custodial interrogation is required in the matter. It is also submitted that

there is no allegation of beating the complainant against the appellant and in the MLC also, no harm has been caused to the complainant by the

appellant in any manner. Injuries received by the complainant are simple in nature. It is also submitted that the appellant was not present on the spot

when this incident took place. Owing to COVID-19 outbreak, detention of appellant in already congested prisons may be detrimental. The appellant is

in custody since 10/07/2021 and he is a permanent resident of Police Station -Cantt, District- Guna (M.P). There is no likelihood of his absconsion or

tampering with the prosecution evidence. The appellant is ready to abide by all the terms and conditions as may be imposed by this Court. Under these

circumstances, prayer for bail is made.

Learned Additional Advocate General for the State opposed the appeal and prayed for its rejection by contending that on the basis of the allegations

and the material available on record, no case for grant of bail is made out.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, the impugned order dated 28/07/2021 is set-aside and this

appeal under Section 14-A(2) of the Act stands allowed, but with certain stringent condition in view of nature of offence, and it is directed that the

appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only) with two solvent sureties each of

Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the concerned trial Court.

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 cooperate in the investigation/trial, as the case may be;

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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant will not seek unnecessary adjournments during the trial; and

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

The appellant shall not commit any offence during the pendency of the trial, failing which this bail order shall stand cancelled automatically without

further reference to the Bench.

A copy of this order be sent to the Court concerned for compliance.

Certified copy/e-copy as per rules/directions.