Sidharth Nisad vs The State Of Madhya Pradesh
2023 Latest Caselaw 17107 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 13 th OF OCTOBER, 2023
                                            CRIMINAL APPEAL No. 12482 of 2023

                           BETWEEN:-
                           SIDHARTH NISAD S/O SHRI BAIJNATH NISAD, AGED
                           ABOUT 21 YEARS, OCCUPATION: LABOUR ADHARKAAP
                           NEAR DANA BABA POLICE STATION KOTWALI
                           DISTRICT KATNI (MADHYA PRADESH)

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

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 THE 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
                           (RESPONDENT NO.1-STATE BY MS. PREETI SINGH - 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(1) 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 22.09.2023 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 NKJ, Signed by: PRASHANT SHRIVASTAVA Signing time: 10/16/2023 3:17:35 PM

district Katni, for the offences punishable under Sections 294, 323, 302, 452, 450 and 34 of IPC, Sections 3(1)(da), 3(1)(dha), 3(2)(v) and 3(2)(va) 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.

In this case, a named FIR was lodged against the applicant and the co- accused persons regarding the commission of an offence under Section 302 of IPC and other offences. It was co-accused Anmol alias Veer who caused injury to the deceased with a knife and there was no other injury on the person of deceased except the stab wound. Co-accused Abhishek alias Chotu Nishad has been granted bail in similar set of facts under Criminal Appeal No.11400/2023 vide order dated 11.9.2023.

Further, the bail application has been argued on the basis of statements of injured witnesses Manoj Vanshkar and the wife of deceased namely, Meena Vanshkar. They both were allegedly present at the time of incident and have not supported the prosecution case in their cross-examination. Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 10/16/2023 3:17:35 PM

Having considered the aforesaid facts, this Court deems it appropriate to release the appellant on bail. Therefore, without commenting on the merits 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

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 10/16/2023 3:17:35 PM