Vikash Kumar Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 11444 MP

                                 1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                      ON THE 21 st OF JULY, 2023
                 CRIMINAL APPEAL No. 8425 of 2023

BETWEEN:-
VIKASH KUMAR PANDEY S/O SHRI BRIJENDRA
PANDEY, AGED ABOUT 23 YEARS, OCCUPATION:
UNEMPLOYED R/O VILLAGE BADKHERA P.S. MANPUR
DISTT. UMARIA (MADHYA PRADESH)

                                                             .....APPELLANT
(BY SHRI S. D. SHUKLA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION MANPUR DISTRICT UMARIA
      (MADHYA PRADESH)

2.    LALMAN BAIGA S/O SHRI RAMKARAN BAIGA R/O
      VILLAGE BADKHERA, POLICE STATION MANPUR,
      DISTRICT UMARIYA (MADHYA PRADESH)

                                                          .....RESPONDENTS
(RESPONDENT NO.1-STATE BY SHRI S. P. CHADAR - GOVERNMENT
ADVOCATE)

      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) Amendment Act, for grant of bail filed on behalf of appellant against the order dated 27.06.2023 passed in Bail Application No.199/2023.

T h e appellant has been arrested on 30.05.2023 in connection with (FIR)/Crime No.126/2023 dated 04.04.2023 registered at Police Station

Manpur, district Umaria, for the offences punishable under Sections 294, 323, 506 and 327 of IPC and Section 3(1)(d) and 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act 1989.

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 30.05.2023 and the trial will take long time to conclude. The appellant is a permanent resident of district Umaria the and there is no likelihood of their 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.

According to prosecution, the appellant demanded money from the complainant and on his refusal he attacked the complainant with a danda and caused simple injury to him. He also insulted the complainant by calling him by his caste.

Looking to the facts and circumstances of the case and that the injury caused to the complainant was only simple in nature, 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 ps

Digitally signed by PRASHANT SHRIVASTAVA Date: 2023.07.22 10:55:48 +05'30' Adobe Reader version: 11.0.23