Devendra Rajput vs The State Of Madhya Pradesh
2023 Latest Caselaw 8068 MP

                                                                    1
                                 IN     THE        HIGH COURT OF MADHYA PRADESH
                                                        AT JABALPUR
                                                          BEFORE
                                        HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                        ON THE 18 th OF MAY, 2023
                                                   CRIMINAL APPEAL No. 4495 of 2023

                                BETWEEN:-
                                DEVENDRA RAJPUT S/O SHRI NAWAL SINGH RAJPUT,
                                AGED ABOUT 29 YEARS, R/O SALAMATPUR TEHSIL AND
                                DISTRICT RAISEN (MADHYA PRADESH)

                                                                                                .....APPELLANT
                                (BY SHRI ANAND KUMAR SHARMA - ADVOCATE)

                                AND
                                THE STATE OF MADHYA PRADESH THROUGH POLICE
                                STATION SANCHI DISTRICT RAISEN (MADHYA
                                PRADESH)

                                                                                             .....RESPONDENTS
                                (BY SHRI AKHILENDRA SINGH - GOVERNMENT ADVOCATE )

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

Heard on I.A. No. 10631/2023 an application for impleding victim as

respondent No.2.

As per the learned counsel for the respondent / State victim has already been served. As the victim has been served, now he is not required to be impleded in the bail application.

Despite service of notice, no one has appeared for the complainant.

Signature Not Verified Hence, I.A No.10631/2023 is disposed off SAN

Digitally signed by DEVESH K This is the first bail application filed by the applicant under Section 439 SHRIVASTAVA Date: 2023.05.19 11:58:40 IST

of the Cr.P.C. in form of Criminal Appeal under Section 14-A(1) of SC/ST

(Prevention of Atrocities) Act, 1989 for grant of regular bail relating to FIR No.139/2016 dated 22.07.2016 registered at Police Station Sanchi, District Raisen M.P. for the offence under Sections 307, 34 of IPC and Sections 3(1)(r)

(s) and 3(2)(v)(a) of SC/ST (Prevention of Atrocities) Act.

This appeal under Section 14-A(1) of SC/ST (Prevention of Atrocities) Ac t, 1989 has been filed assailing the order dated 27.02.2023, passed by learned Special Judge SC/ST (Prevention of Atrocities) Act, District Raisen whereby bail application under Section 439 of Cr.P.C. filed on behalf of appellant/accused has been dismissed. He is in detention since 11.02.2023.

As per the prosecution story, on 22.07.2016 Bhujji lodged an FIR in PS

Sanchi stating that on 22.07.2016 at around 04.15 pm, he was informed by Krishna Bai that someone has given sword blow on the neck of his younger brother Lalla Lavariya and he has been referred to Vidisha. He reached Vidisha hospital, he found Lalla in injured position. On asking him, he informed that Dhiraj Rajput along with two others has assaulted him and Dhiraj by means of sword caused injury in the neck. FIR was registered, after investigation charge sheet was filed. After completion of trial, judgment has been passed in respect of main accused Dhiraj Rajput and Sharukh @ Salman.

Learned counsel for the appellant has submitted that appellant has not committed any offence. He is innocent. He has been falsely implicated. He has been arraigned as accused on the basis of memorandum recorded in year 2021, i.e. almost after 5 years of the incident. In the statement recorded in year 2016, Dhiraj had not taken his name. Therefore, it has been p r ayed that Signature Not Verified SAN appellant/accused be released on bail.

Digitally signed by DEVESH K SHRIVASTAVA O n the other hand, learned counsel for the State as well as learned Date: 2023.05.19 11:58:40 IST

counsel for the objector have opposed the grant of bail.

In this case in hand, the appellant has been made accused on the basis of memorandum recorded after five years of the incident. Therefore, without expressing any opinion on the merit of the case, but having taken into consideration all the facts and circumstances of the case, I am of the view that it is a case in which further pre trial detention of the appellants/accused is not warranted. Consequently, this appeal stands allowed.

It is directed that appellant - Devendra Rajput be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) V. JUDGE DevS

Signature Not Verified SAN

Digitally signed by DEVESH K SHRIVASTAVA Date: 2023.05.19 11:58:40 IST