PRATAP AHIRWAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 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 dtd. 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 Ss. 294, 323, 427, 506, 302, 365, 147, 148, 149 and 34 of the I.P.C and Ss. 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 6/7/2023. 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 dtd. 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.

(2.) 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.1,00,000.00 (Rs. One Lac only) with two solvent sureties in the like amount to the satisfaction of the concerned trial Court.

(3.) This order will remain operative subject to compliance of the following conditions by the appellant:-