Abhishek Sen vs The State Of Madhya Pradesh
2023 Latest Caselaw 13643 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 22 nd OF AUGUST, 2023
                                           CRIMINAL APPEAL No. 8625 of 2023

                          BETWEEN:-
                          ABHISHEK SEN S/O SHRI BRAJMOHAN SEN, AGED
                          ABOUT 21 YEARS, OCCUPATION: PRIVATE JOB R/O
                          NADIPAAR KAILWARA FHATAK, P.S. KUHTHLA,
                          DISTRICT KATNI (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI SATISH DUBEY - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION N.K.J. DISTRICT KATNI
                                (MADHYA PRADESH)

                          2.    MANOJ VANSKAAR S/O LAKHAN LAL VANSKAAR,
                                AGED ABOUT 20 YEARS, R/O UDIYA MAHULLA,
                                NEAR   POLICE COLONY, P.S.N.K.J KATNI
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SHRI SHAILENDRA MISHRA - PANEL LAWYER)

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

This is first Criminal Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail filed on behalf of appellant against the order dated 27.05.2023 passed in SC ATR No.43/2023.

T h e appellant has been arrested on 22.02.2023 in connection with

Signature Not Verified (FIR)/Crime No.86/2023 dated 21.02.2023 registered at Police Station N.K.J., Signed by: DEVESH K SHRIVASTAVA Signing time: 8/25/2023 10:35:01 AM

district Katni, for the offences punishable under Sections 294, 323, 302, 452, 450, 34 of IPC and Section 3(1)(da), 3(1)(dha), 3(2)(v) and 3(2)(v-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 and section 25 of Arms Act.

Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the case. The appellant is in judicial custody since 22.02.2023 and the trial will take long time to conclude. The appellant is a permanent resident of district Katni and there is no likelihood of his absconding or tampering with the prosecution evidence. In view of the aforesaid, 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.

This bail application has been preferred on behalf of appellant Abhishek Sen, the case diary reveals that FIR of this case was written at the behest of Manoj Vanshkar who is the brother of deceased and was also the injured witness in the incident. Despite the fact that he saw the incident personally and inspite the claim that he knew the name of all the assailants, the FIR has not disclosed the name of present appellant. There is another Abhishek named in FIR but he is Abhishek Nishad @ Chotu. It is specifically mentioned in the FIR that complainant did not know the name of two assailants and would recognize them when he has a chance to see them again. The case diary reveals that name of present applicant was revealed in the police statement of Meena Vanshkar (wife of deceased). What was the source of this information has not been Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/25/2023 10:35:01 AM

mentioned in her police statement. Similarly, Manoj Vanshkar in his police statement has named the present appellant but he too has failed to disclose this information. Though there has been an identification proceeding in which wife of deceased has clearly identified the appellant but this proceeding was conducted on 12.04.2023 and appellant was arrested on 22.02.2023. Further FIR does not claim that the appellant was carrying any weapon with him or caused any injury to the deceased or injured the witness. The only allegation against him is that he was involved in the fight with fists and blows. Postmortem report shows only stab wound to the deceased and no injuries to Manoj Vanshkar.

Looking to the facts and circumstances of the case, this Court deems it appropriate to release the appellant on bail. Therefore, 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 one surety 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 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 DevS

Signature Not Verified Signed by: DEVESH K SHRIVASTAVA Signing time: 8/25/2023 10:35:01 AM