Golu @ Shivcharan Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 13287 MP

                                                            1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 16 th OF AUGUST, 2023
                                            CRIMINAL APPEAL No. 9684 of 2023

                          BETWEEN:-
                          GOLU @ SHIVCHARAN PATEL S/O ARJUN SINGH PATEL,
                          AGED ABOUT 22 YEARS, OCCUPATION: FARMER R/O
                          VILLAGE KHANDUDHA P.S. MAU DISTT. CHHITRAKOOT
                          (UTTAR PRADESH)

                                                                                         .....APPELLANT
                          (BY SHRI ADITYA VEER SINGH - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION DABHAURA DISTRICT REWA
                                (MADHYA PRADESH)

                          2.    OMPRAKASH VERMA S/O LATE RAMKRIPAL
                                VERMA, AGED ABOUT 22 YEARS, R/O BHADARA
                                ANTRAILA DISTRICT REWA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (BY SHRI AATMARAM BEN - DY. GOVERNMENT ADVOCATE)

                                This appeal coming on for admission this day, th e court passed the

                          following:
                                                             ORDER

This is first bail application in the form of Criminal Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, filed on behalf of appellant against the order dated 03.07.2023 passed in B.A No.1178/2023 T h e appellant has been arrested on 28.06.2023 in connection with (FIR)/Crime No.18/2023 registered at Police Station Dabhaura, District- Rewa Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/17/2023 10:39:04 AM

for the offence punishable under Sections 294, 323, 327, 506 and 34 of IPC and Section 3(1)(R)/3(1)(S) & 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the appellant has submitted that the appellant is innocent and he has been falsely implicated in the case. The appellant is in judicial custody since 28./06.2023 and the trial will take long time to conclude. There is no likelihood of his absconding or tampering with the prosecution evidence. Learned counsel for the appellant submits that co-accused Satyendra @ Mama has been granted bail by the court below itself in the same set of evidence and the reason for rejection of the bail application of the applicant was

that a criminal case under Section 394 of IPC and Section 11/13 of MPDVPK Act was also registered against the appellant at Crime No. 8/22. Bail order passed in the case M.Cr.C. No. 20439/2022 has been filed by learned counsel for the appellant. On these grounds, prayer has been made to enlarge the appellant on bail.

Learned counsel for the State has opposed the prayer for grant of bail to the appellant.

Heard learned counsel for the parties, perused the case diary and judgment of the trial court.

Looking to the fact of the case and the bail order of co-accused persons and also the bail order of the appellant granted in another crime No. 8/22, without commenting on the merit of the case, the appeal is allowed.

It is directed that the appellant shall be released on bail upon his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties in the like amount to the satisfaction of the trial Court concerned for his regular appearance before the said Court on all such dates as Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/17/2023 10:39:04 AM

may be fixed in this regard during pendency of trial.

It is directed that the appellant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

Accordingly, this appeal stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/17/2023 10:39:04 AM