Sunil @ Surya vs The State Of Madhya Pradesh
2021 Latest Caselaw 8388 MP

                                                                      1                               CRA-6955-2021
                                            The High Court Of Madhya Pradesh
                                                     CRA No. 6955 of 2021
                                                (SUNIL @ SURYA Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Indore, Dated : 07-12-2021
                                          Shri Sanjay Sharma, learned counsel for the appellant.

                                          Shri Hemant Sharma, learned Government Advocate for the
                                    respondent/ State.

None present for the respondent No.2/ complainant. Case diary is available with the Government Advocate.

With consent, heard finally.

This is an appeal filed under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail to the appellant, as he has been arrested on 13.11.2021 in connection with Crime No.484/2021, registered at Police Station Road Ratlam, District Ratlam for commission of offence punishable under Sections 3294, 323, 427, 327, 506/34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(Va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

This appeal is directed against the order dated 16/11/2021 passed by

the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in B.A.No.874/2021.

Prosecution story in brief, is that applicant alongwith other co-accused person after knowing the fact that complainant-Ajay is the member of SC/ST community, abused him and demanded money for consuming liquor. When he refused to the same, they started beating him with iron rod and stick and thereafter threatened him.

It is submitted by the learned counsel for the appellant that no overt act has been attributed to the applicant except he instigated other co-accused persons to assault the complainant- Ajay. Co-accused persons who assaulted the complainant with iron rod and stick have already been enlarged on bail by the trial Court while the applicant's application was rejected on the ground that he has criminal antecedents. Applicant's case on the better footing than of Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.08 11:41:59 IST 2 CRA-6955-2021 the co-accused persons. He has been acquitted in the criminal cases registered against him and he has been falsely implicated in the matter and he is in custody since 13.11.2021. Learned counsel further submits that copy of judgment passed by different Courts in different cases in which applicant has been acquitted from the charges framed against him. Due to Covid-19

pandemic, trial will take time to conclude, therefore, it is prayed that the appellant be released on regular bail.

Learned counsel for the respondent/ State opposes the bail application and submits that applicant's case is different from other co-accused persons' case and he has criminal antecedent. offences alleged against the appellant are of serious in nature. . Therefore, he is not entitled to get benefit of regular bail.

Having considered rival submissions of the learned counsel for the parties, allegations made against the applicant in the FIR and also other facts and circumstances of the case, in view of this Court, appellant deserves to be enlarged on bail. Hence, without commenting anything on merits of the matter, this appeal is allowed and order passed by the Special Court is hereby set aside.

I t is directed that the appellant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the appellant.

This Appeal stands allowed and disposed of.

C. C. as per rules.

Signature Not Verified
  SAN




Digitally signed by VIBHA PACHORI
Date: 2021.12.08 11:41:59 IST
                                             3                  CRA-6955-2021
                                                (SATYENDRA KUMAR SINGH)
                                                         JUDGE
                                    Vibha




Signature Not Verified
  SAN




Digitally signed by VIBHA PACHORI
Date: 2021.12.08 11:41:59 IST