Mayank vs State Of Madhya Pradesh And Others

Rajendra Kumar (Verma), J

Appellant has preferred this first appeal under Section 14-A(2) of the SC/ST (PA) Act, 1989, feeling aggrieved with the order dated 24.05.2022, passed in case no. SC/ATR/39/2021 by Special Judge [SC/ST(PA) Act], District Ujjain, whereby the prayer for regular bail has been declined.

Appellant has been arrested on 05.11.2020 in connection with crime No.982/2020, registered at Police Station-Madhav Nagar, District Ujjain in relation to offence punishable under Sections 148, 302 in option 302/149, 307 in option 307/149 (2 counts), 506-II of IPC, 1860, Sections 3(1)(s), 3(2)(v), 3(2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 and Section 25(1-b), (b) of Arms Act, 1959.

As per prosecution story on 31.10.2020, at about 9.30 pm, when the complainant along with Rahul, Aman, Chintaman and Monu were sitting behind Sagar Company and chatting, at that time the accused persons including the applicant came there, hurled abuses and assaulted the complainant party with knives, so also pelted stones, due to which, complainant party sustained injuries and Monu died during treatment.

Learned counsel for the appellant submitted that the appellant is innocent and he has been falsely implicated in the present crime. The appellant is not named in the FIR. All the eye witnesses including the injured Chetan @ Saurabh (P.W.1) and Rahul (P.W.2) have turned hostile and had not supported the prosecution case. The appellant is in custody since 05.11.2020 charge sheet has been filed, and conclusion of trial will take sufficient long time. Co-accused Gopal has already been enlarged on bail by this Court vide order dated 23.06.2022 passed in Cr.A. No.4103/2022 and the case of the appellant is similar to that of co-accused Gopal. Under these circumstances, counsel prayed for bail to the appellant.

Learned Panel Lawyer for the respondent/State opposes the prayer, by submitting that looking to the nature of the offence, no sufficient ground is made out for releasing the appellant on bail, hence the application filed by the appellant be dismissed.

Considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion on the merits of the case, this Court is of the view that the appeal filed by the appellant deserves to be accepted.

Consequently, setting aside the impugned order, the appeal is hereby allowed. It is directed that the appellant shall be released on bail on execution of personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court for his/her regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Jail authorities and State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus, before and after releasing the appellant.

The appeal stands allowed and disposed of.

Certified copy as per Rules.