Yashvant Pal And Another And Others vs State Of Madhya Pradesh And Others

Rajeev Kumar Dubey, J

None for the respondent No.2/complainant despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the respondent No.1. Case diary perused and arguments heard.

This first criminal appeal has been filed under Section 14-A of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 15/10/2020 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Hoshangabad in B.A.No.908/2020; whereby learned Special Judge rejected the bail application filed by appellants Yashvant Pal and Pappu @ Omprakash Pal under Section 439 of Cr.P.C. to get bail in Crime No.510/2020 registered at P.S. Babai, Distt. Hoshangabad (M.P.) for the offences punishable under Sections 294, 323, 506/34 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989.

As per prosecution case, on 30/9/2020 at around 9-10 p.m., when complainant Dharmendra Kaithwas was coming to his house from his field, on the way, appellants met him they took the complainant to Gadri Mohalla, where they abused him and assaulted him. On that, police registered Crime No.510/2020 at P.S. Babai, Distt. Hoshangabad (M.P.) for the offences punishable under Sections 294, 323, 506/34 of the IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989. During investigation, on 7/10/2020 police arrested the appellants. On that, appellants filed an application under Section 439 of Cr.P.C. for releasing them on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 15/10/2020. Being aggrieved by the impugned order, appellants filed this Criminal Appeal.

Learned counsel for the respondent/State opposed the prayer and submitted that the appellants have criminal past. So, they should not be released on bail.

Looking to the facts and circumstances of the case and the fact that the appellants are in custody since 7/10/2020, conclusion of trial will take time, without commenting on merit, the appeal is allowed. It is directed that appellants Yashvant Pal and Pappu @ Omprakash Pal be released on bail on their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with a surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for their appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the appellants:

1.The appellants will comply with all the terms and conditions of the bond executed by them;

2.The appellants will cooperate in the trial;

3.The appellants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the fact 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 appellants shall not commit an offence similar to the offence of which they are accused;

The appellants will not seek unnecessary adjournments during the trial; and

The appellants will not leave India without prior permission of the trial Court.

C.C. as per rules.