Bhambhu vs The State Of Madhya Pradesh
2022 Latest Caselaw 6285 MP

                          1
         THE HIGH COURT OF MADHYA PRADESH
                   CRA No.3419/2022
          (BHAMBHU VS. STATE OF M.P. & ANR.)

Gwalior, Dated : 27/04/2022

      Shri Yash Sharma, learned counsel for the applicants.

      Shri C.P.Singh, learned counsel for the State.

      None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the complainant

has been informed about the pendency of this appeal as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act (in short "Act").

Case diary is available.

This appeal has been filed under Section 14-A (2) of the Act

against the order dated 25/03/2022 passed by Special Judge

(Atrocities Act) Sheopur, rejecting the bail application.

The appellant has been arrested on 25/03/2022 in connection

with Crime No.12/2021 registered by Police Station AJK, Sheopur,

District Sheopur for offence punishable under Sections 323, 294, 34

of IPC and Sections 3(2)(va), 3(1)(r) and 3(1)(r) of the Act.

It is submitted by the counsel for the appellant that the

appellant is in jail from 25/03/2022. The allegations are that the

complainant had gone to collect gravel (Murrum) where they were

stopped by the appellant on the question of collecting gravel

(Murrum) and he was beaten as well as also insulted and humiliated

by calling him by his caste name. It is submitted that although, the

THE HIGH COURT OF MADHYA PRADESH CRA No.3419/2022 (BHAMBHU VS. STATE OF M.P. & ANR.)

appellant has criminal history, but it is clear that the first criminal

case was registered in the year 1996 and last case was registered in

the year 1997. No heinous offence was ever registered against him.

He is in jail for the last more than one month and he undertakes to

abide by any stringent condition, which may be imposed by this

Court. The Trial is likely to take sufficiently long time and there is no

possibility of his absconding or tampering with the prosecution case.

Per contra, the appeal is vehemently opposed by the counsel

for the State.

Considering the nature of allegations as well as period of

detention and without commenting on the merits of the case, the

appeal is allowed. It is directed that the appellant be released on bail

on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees

One Lac) with one surety in the like amount to the satisfaction of the

Trial Court/Committal Court to appear before the Court on the dates

given by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

It is further directed that the appellant shall appear before the

S.H.O. Police Station AJK, Sheopur, District Sheopur on 1st of

every month during the pendency of the Trial. In case of bail jump

or non-appearance of the appellant before the police station as

THE HIGH COURT OF MADHYA PRADESH CRA No.3419/2022 (BHAMBHU VS. STATE OF M.P. & ANR.)

directed by this Court, this order shall lose its effect.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                      (G.S. Ahluwalia)
Pj'S/-                                                                      Judge
  Digitally signed by
  PRINCEE BARAIYA
  Date: 2022.04.27
  15:16:49 -07'00'