SONU GOSWAMI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first criminal appeal filed by the appellant under Sec. 14(A) (2 ) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act for grant of bail relating to FIR No. 434 of 2023 registered at Police Station Jhansi Road, District Gwalior (M.P.) for the offence under Ss. 306, 420, 120-B and 34 of IPC and Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

(2.) The allegation against the present appellant - accused is that received money amounting to Rs.9,60,000.00 from deceased Rajendra on account of false promise of employment and for selling the land to him, however, appellant - accused did not fulfill his promise on account of which deceased committed suicide.

(3.) Learned counsel for the appellant argued that the appellant is innocent and has falsely been implicated in this case. There is no evidence on record to show that Rs.9,60,000.00 was taken by the present appellant. Before his death, deceased Rajendra never lodged any report in any police station regarding alleged harassment by the present appellant. Even if the whole case of the prosecution is found to be true, there is no ingredient to show that appellant instigated the deceased to commit suicide. It is further submitted that appellant is in custody since 8/9/2023. It is further argued that the co-accused namely, Kalu Goswami has already been granted the benefit of bail by this Court vide order 04/10/2023 passed in Cr.A. No.12166/2023 and the case of present appellant is on better footing than the co-accused. The appellant is the permanent resident of District Gwalior (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the appellant.