Bhanu Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 1806 MP

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE RAJENDRA KUMAR (VERMA)
                                             ON THE 1 st OF FEBRUARY, 2023
                                           CRIMINAL APPEAL No. 1108 of 2023

                          BETWEEN:-
                          1.    BHANU YADAV S/O SHRI HUKUM SINGH, AGED
                                ABOUT 32 YEARS, OCCUPATION: AGRICULTURIST
                                R/O VILLLAE DONGARA, P.S. AND TEHSIL
                                DEVARI, RAISEN (MADHYA PRADESH)

                          2.    RAKESH YADAV S/O SHRI HUKUM SINGH, AGED
                                ABOUT 25 YEARS, OCCUPATION: AGRICULTURIST
                                R/O VILLAGE DONGARA POLICE STATION AND
                                TEHSIL DEVARI DISTRICT RAISEN (MADHYA
                                PRADESH)

                                                                                     .....APPELLANTS
                          (BY SHRI R.N. CHATURVEDI - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE    POLICE  OF    POLICE   STATION
                                OBEDULLAGANJ DISTRICT RAISEN (MADHYA
                                PRADESH)

                          2.    SMT. LATABAI W/O SHRI HARICHARAN PAWAR
                                (BALMIKI), AGED ABOUT 55 YEARS, R/O WARD
                                NO. 2 MAHAVIR COLONY OBEDULLAGANJ
                                TEHSIL   GAUHARGANJ    DISTRICT    RAISEN
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (STATE BY SHRI C.M. TIWARI - GOVERNMENT ADVOCATE)
                          (RESPONDENT NO. 2 BY NEERAJ JAIN - ADVOCATE)

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

Appellants have preferred this criminal appeal under Section 14-A(2) of Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 2/7/2023 2:22:25 PM

the SC/ST (Prevention of Atrocities ) Act, 1989 feeling aggrieved with the order dated 04.01.2023, passed in bail application No. 398/2022 passed by Special Judge (Atrocity), Raisen (M.P.) whereby the prayer for regular bail has been declined.

Appellant has been arrested on 19.12.2022 in connection with crime No. 394/2022, registered at Police Station- Obedullaganj District Raisen in relation to offence punishable under Section 306 of IPC, and under Section 3(2)(v), 3(2) (va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989.

As per prosecution story on 17.09.2022 at around 10:00, the deceased

consumed rat kill poison. During investigation the statements of family members of the deceased were recorded in which they have stated that the applicants were demanding Rs. 2,00,000/- from the deceased.

Learned counsel for the appellants submitted that the appellants is innocent and they have been falsely implicated in the present crime. In this case charge sheet has been filed. They are in custody since 19.12.2022 and conclusion of trial will take sufficient long time. Under these circumstances, counsel prayed for bail to the appellants.

Learned Panel Lawyer for the respondent/State opposed the appeal and prayed for its rejection.

Considering the facts and circumstance of the case and the arguments advanced by learned counsel for the parties and material available on record, but without expressing any opinion on the merits of the case, this Court is of the view that the appeal filed by the appellants deserves to be accepted.

Consequently, setting aside the impugned order, the appeal is hereby allowed. It is directed that the appellants shall be released on bail on execution Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 2/7/2023 2:22:25 PM

o f personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) each with one solvent surety in the like amount each to the satisfaction of the learned trial Court for their regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

They shall also mark their presence before the concerned police station on every first and third Saturday of every month between 10:00 AM to 12:00 noon.

This order shall be effective till the end of the trial, however, in case of breach of any condition, it shall become ineffective.

Accordingly, the appeal is allowed and disposed off

(RAJENDRA KUMAR (VERMA)) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 2/7/2023 2:22:25 PM