Rahul Balmik vs The State Of Madhya Pradesh
2022 Latest Caselaw 8088 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                                      BEFORE
     HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                         ON THE 20th OF JUNE, 2022

                  CRIMINAL APPEAL NO.5081 OF 2022

       Between:-

       RAHUL BALMIK, S/O MOHANLAL
       BALMIK, AGE 24 YEARS, R/O-
       KAGDIPURA VIDISHA MADHYA
       PRADESH.
                                                                ........APPELLANT

       (BY SHRI ASHIRWAD DWIVEDI - ADVOCATE)

       AND

1.     STATE OF MADHYA PRADESH
       THROUGH    POLICE  STATION
       KOTWALI, DISTRICT VIDISHA
       MADHYA PRADESH.
2.     COMPLAINANT       THROUGH
       POLICE   STATION  KOTWALI
       DISTRICT  VIDISHA  MADHYA
       PRADESH.

                                                            ........RESPONDENTS

        (BY SHRI RAJEEV UPADHYAY - PUBLIC PROSECUTOR)
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       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 Act against the order dated 16/3/2022 passed by Special Judge (Atrocities Act) Vidisha, rejecting the bail application.

The appellant has been arrested on 24/1/2022 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 as per the FIR, the assault was made by co-accused Gopu Balmik, whereas the appellant and other co-accused persons had caught hold the injured, however, in the police statements the witnesses changed their version and it was alleged that the appellant had assaulted Devendra by a knife causing injury on his left hand. Even otherwise, it is submitted that the appellant is in jail from 24/1/2022 and this Court by order dated 6/6/2022 passed in Criminal Appeal No.4682/2022 has granted bail to the co-accused Gopu Balmik. 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 facts and circumstances of the case, 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.

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 Arun* ARUN KUMAR MISHRA 2022.06.21 16:47:03 +05'30'