Hari Singh And Chandan Singh vs State Of Madhya Pradesh

Learned counsel for the rival parties are heard. The present appeal u/S 14-A(2) of SC/ST (Prevention of Atrocities) Act assails the order dated 30/08/2019 passed by Special Judge (Atrocities) Distt. Guna whereby application preferred by the appellants herein u/S 439 Cr.P.C. has been rejected. The appellants have been arrested by Police Station Radhogad, district Guna in connection with Crime No.325/2019 registered in relation to the offences punishable u/Ss. 323, 294, 506/34 of IPC and u/Ss. 3(1)(n), 3(1)(/k) & 3(2) (v-a) of SC/ST (Prevention of Atrocities) Act.

Learned Panel Lawyer 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.

Appellants are in custody since 28/08/2019. Allegation against appellants is of uttering abusive words and taking the name of caste of the complainant who happens to be member of SC/ST community in a derisive manner along with assaulting the injured with lathi causing minor injuries.

Considering the fact that investigation in the matter is over and appellants who have no criminal antecedents are in custody since 28/08/2019, further custodial interrogation of appellants is not necessary and that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and and the material placed on record does not discloses the possibility of the appellants fleeing from justice, this Court is inclined to extend the benefit of bail to appellants.

Consequently, the impugned order dated 30/08/2019 passed by the trial Court is set aside and this appeal u/S 14(A) (2) of SC/ST(Prevention of Atrocities)Act 1989 stands allowed and it is directed that appellants be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with two local solvent sureties, each of Rs.25,000/-, to the satisfaction of the concerned trial Court.

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

The appellants will comply with all the terms and conditions of the bond executed by them;

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

The appellants will not indulge themselves 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 appellants shall not commit an offence similar to the offence of which they are accused;

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

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

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

C.c. as per rules.