Tehsildar Singh vs State Of M.P. & Anr

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 24/7/2021 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

Appellant has been arrested on 15/3/2021 by Police Station Porsa, District Morena, in connection with Crime No.126/2021 registered in relation to the offences punishable under Sections 323, 294, 506 Part II of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

As per prosecution case, on 14.3.2021 at about 9 am when complainant Jarjodhan Singh along with his mother was sitting in front of main door of his house, his neighbour appellant Tehsildar Singh came there and by abusing asked him to vacate the place of Goda. When complainant denied to vacate the said place, appellant abused him in the name of his caste and beat him with kicks and fists. When his mother Rampyari came to save him, then appellant pushed her. On his report, crime for the aforesaid offences was registered and matter was investigated. Appellant was arrested on 15.3.2021 and charge-sheet has been filed.

Learned counsel for the appellant submits that appellant is innocent and falsely implicated in the case. He is in custody since 15.3.2021. It is further submitted that investigation has been complete and charge-sheet has been filed. Conclusion of trial will take some time. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. On such premises, learned counsel for the appellant prayed for bail.

Learned counsel for the State opposed the appeal on the ground that appellant has criminal record and prayed for its rejection.

Both the Advocates are heard. Case diary perused. Looking to the facts and circumstances of the case, but

without commenting on the merits of the case, this Court is of the opinion that appeal should be allowed and by allowing the appeal and setting aside the order dated 24.7.2021 passed by the trial Court, 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.