Subhash Yadav vs The State Of Madhya Pradesh
2022 Latest Caselaw 8495 MP

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT GWALIOR
                                BEFORE
             HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                            ON THE 27th OF JUNE, 2022

                   CRIMINAL APPEAL No. 4692 of 2022

         Between:-
         SUBHASH YADAV S/O MAAN SINGH YADAV,
         AGED - 19 YEARS, OCCUPATION: KRASHI, R/O
         VILLAGE NANUWAHA POLICE STATION JIGNA,
         DISTRICT DATIA (MADHYA PRADESH)

                                                            .....APPELLANT
         (SHRI ATUL GUPTA -COUNSEL FOR APPELLANT)

         AND

1.       THE STATE OF MADHYA PRADESH THROUGH
         POLICE STATION JIGNA, DISTRICT DATIA
         (MADHYA PRADESH)

2.       PARWAT AHIRWAR    S/O SHRI NIRBHU
         AHIRWAR,   R/o GRAM NUNVAHA POLICE
         STATION JIGNA DISTT. DATIA (MADHYA
         PRADESH)

                                                         .....RESPONDENTS
         (SMT. ANJALI GYANANI-COUNSEL FOR STATE)
         (SHRI ARJUN PARIHAR-COUNSEL FOR RESPONDENT
         No.2/COMPLAINANT)

       Th is appeal coming on for hearing this day, t h e court passed the
following:
                                    ORDER

Case diary is available.

This appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order dated 20.04.2022. passed by Special Judge (SC/ST Act) Datia, M.P. rejecting the bail application.

The appellant has been arrested on 09.03.2022 in connection with Crime No.221/2021 registered by Police Station Jigna, District Datia for offence punishable under Sections 302, 147, 148, 149 of IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 25/27 of Arms Act.

It is submitted by the counsel for the appellant that according to the prosecution case, on 14.10.2021, an FIR was lodged that the co-accused Pahalwan Yadav, Ravindra Yadav caused gunshot injury to the deceased and co-accused Mangal yadav, Sonu Yadav and Ankit Yadav assaulted the deceased by kicks and fists blows. At a later stage, it was found that Ravindra

Yadav was not present on the spot, and accordingly he was exonerated. On 25.12.2021, the witnesses took a somersault and in place of Ravindra Yadav, they alleged that it was the appellant who caused second gunshot injury to the deceased on his back. It is submitted that thus it is clear that there is a serious dispute with regard to the identity of the accused. In fact, the appellant has been falsely implicated in order to give clean chit to co-accused Ravindra Yadav. 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 opposed by the Counsel for the State as well as respondent No.2/complainant. It is submitted by counsel for respondent No.2/complainant that he was informed by the complainant that at the time of lodging of FIR, the police personnel had informed that all the accused persons should not be named, otherwise it would be projected as a concocted and created story. However, there is no affidavit in support of this factual submission.

Considering the fact that appellant was not named in the FIR and he

figured in the offence only on 25.12.2021 for the time first 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/- (Rs. One Lac Only) 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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

With aforesaid observation, the appeal is finally disposed of.

(G.S. AHLUWALIA) JUDGE Aman AMAN TIWARI 2022.06.27 19:36:47 +05'30'