Rajaram Singh Gurjar vs State Of Madhya Pradesh And Others

Deepak Kumar Agarwal, J

The appellant has filed this appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the

order dated 04/01/2022 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

Appellant has been arrested on 01/01/2022 by Police Station Mau, District Bhind in connection with Crime No.245/2021 registered in relation to the

offences punishable under Sections 323, 294 and 326 of IPC and Sec. 3(1)(da), 3(1)(gha), 3(2)(v) and 3(2)(V-a) of SC/ST Act.

A s per the prosecution case, on 15.09.2021, complainant Gangaprasad, lodged a report at Police Station Mau, District Bhind against the present

applicant alleging that on 15.09.2021 at about 03:00 PM, when the complainant at his matti wale field, at that time present appellant by grazing his

buffaloes came over there and when the complainant objected that due to grazing, his crops will be damaged, then he started abusing him. When he

objected, present applicant assaulted the complainant by means of lathi which hit on his head. Thereafter, blood was oozing out. He again assaulted

lathi blow to the complainant which hit on his hand. Thereafter, his wife and his son came to intervene. On his report, an FIR has been registered

against the present applicant bearing Crime No.245/2021 for punishable under Sections 323 and 294 of IPC and Sec. 3(1)(da), 3(1)(gha), 3(2)(v) and

3(2) (V-a) of SC/ST Act. He was sent to medical examination. In x-ray, a fracture of right parietal bone and right temporal bone were seen.

Thereafter, Sec. 326 of IPC has been enhanced. Appellant was arrested on 01.01.2022. After investigation, charge sheet has been filed.

It is submitted by the learned Counsel for the appellant that the appellant has been falsely implicated and he is in custody since 01/01/2022. He is

permanent resident of Village Jiterwai, Tahsil Gohad, District Bhind. Conclusion of trial will take some time. Hence, he prayed for grant of bail.

Learned counsel for the State as well as counsel for the complainant opposed the appeal and prayed for its rejection.

Looking to the circumstances of the case and the fact that appellant is in custody since 01.01.2022 and conclusion of trial will take time, but without

commenting on the merits of the case, this Court is of the opinion that the appeal should be allowed and by allowing the appeal it is ordered that if

appellant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the

trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules/directions.