Lalbihari Tiwari vs The State Of Madhya Pradesh
2023 Latest Caselaw 9584 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                      ON THE 26 th OF JUNE, 2023
                 CRIMINAL APPEAL No. 7494 of 2023

BETWEEN:-
LALBIHARI TIWARI S/O SHRI BHAWAR TIWARI, AGED
ABOUT 30 YEARS, OCCUPATION: PRIVATE JOB R/O
VILLAGE BHAKHARWAR P.S. JAWA DISTRICT REWA
(MADHYA PRADESH)

                                                             .....APPELLANT
(BY SHRI RAMJEE SHUKLA - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
      JAWA DISTRICT REWA (MADHYA PRADESH)

2.    NAND PRAKASH SINGH S/O SHRI LALAN SINGH
      OCCUPATION: SERVING IN POLICE DEPTT. P.S.
      JAWA, DISTRICT REWA (M.P.) (MADHYA
      PRADESH)

                                                          .....RESPONDENTS
(RESPONDENT NO.1-STATE BY SHRI DILIP SHRIVASTAVA -
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 7.6.2023 passed in Bail Application No.1018/2023.

T h e appellant has been arrested on 4.6.2023 in connection with (FIR)/Crime No.168/2023 registered at Police Station Jawa, district Rewa, for

the offences punishable under Sections 294, 332, 353, 506 and 34 of IPC and Sections 3(1)(da), 3(1)(Dha) and 3(2)(va) of the 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 4.6.2023 and the trial will take long time to conclude. The appellant is a permanent resident of district Rewa 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.

According to the prosecution case, the complainant in this case was a police personnel who was on patrol duty in 100 Dial vehicle. On seeing some dispute between the appellant and some passers-by, he intervened to settle the dispute but the appellant made an assault on him, caused him injuries, abused him by caste and teared his official uniform. Against these facts, an FIR was registered and the matter is under investigation. The MLC report of complainant does not reflect any external injuries.

Considering the overall facts and circumstances of the case, I deem it to be a fit case to release the appellant on bail. Therefore, without commenting on the merit of the case, this appeal is allowed.

It is directed that the appellant shall be released on bail on 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: 2023.06.27 11:00:17 +05'30' Adobe Reader version: 11.0.23