Bhagwandeen Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 15351 MP

                                 1
 IN    THE       HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                 ON THE 19 th OF SEPTEMBER, 2023
                CRIMINAL APPEAL No. 10114 of 2023

BETWEEN:-
BHAGWANDEEN PATEL S/O LATE SHRI HEERALAL
PATEL, AGED ABOUT 50 YEARS, OCCUPATION:
UNEMPLOYED R/O VILLAGE TAMRA POLICE STATION
AND TEHSIL GURH DISTT REWA (MADHYA PRADESH)

                                                             .....APPELLANT
(BY SHRI RAJROOP PATEL - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      POLICE STATION GURH DISTRICT REWA
      (MADHYA PRADESH)

2.    ARJUN KOL S/O DHARAMDAS KOL

3.    BUTAAN KOL S/O ARJUN KOL

4.    SAVITRI KOL S/O ARJUN KOL

      RESPONDENT NOS.2 TO 4 R/O VILLAGE TAMRA
      DESH P.S. GURH DISTRICT REWA (MADHYA
      PRADESH)

                                                          .....RESPONDENTS
(RESPONDENT NO.1-STATE BY SHRI B. K. UPADHYAY - DEPUTY
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) Act, 1989 for grant of

bail filed on behalf of appellant against the order dated 26.07.2023 passed in B.A.No No.1328/2023.

The appellant has been arrested on 22.07.2023 in connection with Crime No.205/2023 dated 04.06.2023 registered at Police Station Gurh, District Rewa for the offences punishable under Sections 147, 148, 149, 294, 323, 307 and 506 of IPC and Sections 3(1)(da), 3(1)(dha) and 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) 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 22.07.2023 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.

In this case, the facts alleged against the appellant are similar to those alleged against co-accused Satyanarayan whose Criminal Appeal No.9412/2023 filed under Section 14-A (1 & 2) of SC/ST Act vide order dated 28.8.2023 has been allowed.

Thus, applying the principle of parity, 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: 2023.09.20 14:09:43 +05'30' Adobe Reader version: 11.0.8