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Judgment
Present appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity
'the Act') against the order dated 10-02-2020 passed by Special Judge (Atrocities), Gwalior whereby the application of the appellant under Section 439
of Cr.P.C. seeking bail has been rejected.
Appellant is in custody since 05-02-2020 in connection with Crime No.280/2019 registered at Police Station Thatipur, District Gwalior for the offence
punishable under Sections 307, 452, 147, 148, 149, 506 and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.
It is submitted by learned counsel for the appellant that the case is of false implication and he is suffering confinement since 05-02-2020 whereas
charge-sheet has already been filed. It is further submitted that no grievous injury has been sustained by the victim Babita, still he is facing allegation in
respect of offence under Section 307 of IPC. It was a case of free-fight where financial transactions were at stake because the appellant has
purchased the house of victim Babita by paying Rs.6,77,000/- but possession has not been handed over and because of dispute of possession, case has
been precipitated. Appellant does not bear any criminal record. Confinement since 05-02-2020 amounts to pretrial detention. Appellant undertakes to
cooperate in trial and would make himself available as and when required by the trial Court. He further undertakes that he would not move in the
vicinity of complainant in any manner and would not be a source of harassment and embarrassment to the complainant party. He further undertakes to
do some community service also if granted bail. Thus, prayed for grant of bail.
On the other hand, learned counsel for the State opposed the bail application and prayed for the dismissal of appeal.
Learned counsel for respondent No.2 also opposed the prayer and prayed for dismissal of appeal.
Heard learned counsel for the parties and perused the case diary. Considering the submissions made by learned counsel for the parties and fact
situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms.
It is directed that the appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one
solvent surety of the like amount to the satisfaction of the concerned trial Court for his regular appearance before the trial Court on the condition that
he shall remain present before the Court concerned during the trial
This order will remain operative subject to compliance of the following conditions by the applicant:-
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Certified copy as per rules.