Neeraj Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 9146 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                            AT GWALIOR
                                  BEFORE
               HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                              ON THE 8th OF JULY, 2022

                      CRIMINAL APPEAL No. 5044 of 2022

          Between:-
          NEERAJ BALMIK S/O RAJU BALMIK, AGED 23
          YEARS, R/O MEGHDOOT TALKIES KE PAAS
          VIDISHA,  DISTRICT  VIDISHA   (MADHYA
          PRADESH)

                                                                .....APPELLANT
          (BY SHRI RAJESH PATHAK-ADVOCATE)

          AND

1.        STATE OF MADHYA PRADESH THROUGH
          POLICE STATION KOTWALI, DISTRICT VIDISHA
          (MADHYA PRADESH)

2.        FARIYADI THROUGH POLICE STATION KOTWALI
          DISTRICT VIDISHA

                                                             .....RESPONDENTS
          (SMT. ANJALI GYANANI-PUBLIC PROSECUTOR FOR RESPONDENT
          No.1/STATE)

        This appeal coming on for hearing this day, the court passed the

following:
                                      ORDER

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 second criminal appeal has been filed under Section 14-A (2) of the 2 of 3

Act against the order dated 26.04.2022 passed by Special Judge (Atrocities Act) Vidisha, rejecting the bail application.

The first criminal appeal filed by appellant under Section 14-A (2) of the

Act was dismissed as withdrawn by order dated 19.05.2022 passed in Cr.A. No.4452/2022.

The appellant has been arrested on 25.01.2022 in connection with Crime

No.482/2021 registered by Police Station Kotwali, District Vidisha for offence punishable under Sections 294, 324, 506, 34, 307 of IPC, Section 25 of the Arms

Act and Sections 3(2)(va), 3(2) (v), 3(1)(n) and 3(1)(/k) of the Act.

It is submitted by the counsel for the appellant that appellant is alleged to have assaulted on the left hand of Lakhan and thigh of Devendra. The co-accused-Gopu Balmiki who had also assaulted the injured by sword and

co-accused Ashish Malviya who had assaulted the injured have been granted bail

by order dated 06.06.2022 and 20.06.2022 passed in Cr.A. Nos.4682/2022 and

4880/2022 respectively. The co-accused Rahul Balmik has also been granted bail by order dated 20.06.2022 passed in M.Cr.C. No.5081/2022. It is submitted that

applicant is also in jail from 25.01.2022 i.e. for the last more than five months.

The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case.

Per contra, the appeal is vehemently opposed by the counsel for the State. It

is submitted that as per the police case diary, the appellant has three criminal cases, however, fairly conceded that all those three criminal cases were registered

for offence under Sections 294, 323 and 506, 34 of IPC, out of which in one case, he has been acquitted on the basis of compromise and in another case he was

saddled with fine of Rs.700/-.

Considering the period of detention, without commenting on the merits of

the case, the appeal is allowed. It is directed that the appellant be released on bail 3 of 3

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.

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.

The appeal is allowed.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.07.08 18:22:23 +05'30'