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Judgment
17 paragraphs · 568 words@JUDGEMENTTAG- JUDGEMENT
Sunita Yadav, J
This is second criminal appeal filed by the appellant u/S.14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act assailing the order dated 19.10.2023 passed by the Special Judge (SC/ST Act), Vidisdha (M.P.) whereby the bail application preferred by the appellant herein u/S.439 of Cr.P.C. relating to FIR No. No. 416/2023 by Police Station Civil Lines, District Vidisha (M.P.) for offences punishable under Sections 294, 323, 427, 506, 302, 365, 147, 148, 149 and 34 of the I.P.C and Sections 3(1)(r), 3(1) (s), 3(2)(v) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
Learned counsel for the appellant-accused argued that the appellant is innocent and has been falsely implicated in this matter. After investigation, charge sheet has already been filed. The trial is going on, however, both eye witnesses Roshan and Hemant who have been examined as PW/1 and PW/2 respectively, have not supported the case of prosecution and turned hostile. Other witnesses i.e. Sunil, Sonu and Sunny are not the eye witnesses and their evidence is based on hearsay evidence. Under these circumstances, entire prosecution case becomes doubtful. The appellant is under custody since 06.07.2023. He has no criminal history. The appellant is permanent resident of District Gwalior so there is no possibility of his absconsion or tempering with the evidence. Co- accused Krishna @ Kanha Kushwah has already been granted bail by this Court by order dated 15.3.2024 passed in Cr.A. No. 3357 of 2024. On these grounds, he prays for bail to the appellant.
Per contra, learned counsel for the State has vehemently opposed the application and prayed for its rejection.
Heard the learned counsel for the parties and perused the case diary. Considering the facts and circumstances of the case, without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rs. One Lac only) with two solvent sureties in the like amount 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
The appellant will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.
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.
Learned State counsel is directed to send an copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
Ccopy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.