Sahil Yadav vs The State Of Madhya Pradesh
2025 Latest Caselaw 8426 MP

Madhya Pradesh High Court

Sahil Yadav vs The State Of Madhya Pradesh on 25 April, 2025

Author: Maninder S. Bhatti

Bench: Maninder S. Bhatti

         NEUTRAL CITATION NO. 2025:MPHC-JBP:18844




                                                              1                                 CRA-2884-2025
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                      BEFORE
                                      HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                                  ON THE 25th OF APRIL, 2025
                                             CRIMINAL APPEAL No. 2884 of 2025
                                                  SAHIL YADAV
                                                     Versus
                                    THE STATE OF MADHYA PRADESH AND OTHERS
                         Appearance:
                            Shri Alok Vagrecha - Advocate along with Shri Abhishek Patel - Advocate for the
                         appellant.
                            Shri Raj Kumar Shrivastava - Advocate for the objector.

                            Shri Y. D. Yadav - Government Advocate for the State.

                                                                  ORDER

This first Criminal Appeal filed under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail on behalf of the appellant is arising out of order dated 29/01/2025 passed by Special Judge (Atrocities) District Jabalpur in Bail Application No.439/1/2025 in connection with F.I.R./Crime No. 425/2024 dated 10/10/2024 registered at Police Station Gorabazar, District Jabalpur for the

offences punishable under Sections 296, 118(1), 115(2), 351(2), 109, 3(5) of BNS and Section 3(1), (2 & 1), 3(2)(va), 3(2)(v) of SC/ST Act. The appellant is in custody since 06/11/2024.

2. Counsel for the appellant contends that as per prosecution story the applicant while shifting domestic articles by truck, one Sarla Choudhary objected that such act would damage the road, thereafter fracas took place

NEUTRAL CITATION NO. 2025:MPHC-JBP:18844

2 CRA-2884-2025 amongst the complainant, applicant and his father. When the applicant's father intervened, the complainant assaulted applicant's father by means of lathi as a result of which he sustained serious injuries on his head and hand. Thereafter, as per prosecution, the present applicant with the aid of sword assaulted the complainant as a result of which sixteen stiches were applied on his head and even a finger of his left hand was amputated and a finger of right hand was also almost amputated. Counsel for the applicant contends that the present applicant is aged about 23 years and his past record is unblemished and only as a right of private defence, he assaulted the complainant. Counsel for the applicant also relied upon the judgment of Apex Court in the case of Bhagwan Singh and Ors. Vs. State of M.P. reported in (2002) 4 SCC 85 , hence, he be enlarged on bail.

3 . Per contra counsel for the State as well as objector have opposed the prayer and it is submitted that the appellant very brutely assaulted the complainant with the sword resulting in sixteen stitches on his head and his finger was also amputated. Hence, no case for bail is made out.

4. Heard rival submissions of both the parties and perused the case diary.

5. Considering the totality of the facts and circumstances of the case and the permanent disability sustained by the complainant as prima facie the injuries were inflicted with sharp edged weapon (sword), hence, this Court is not inclined to release the appellant on bail.

6. Accordingly, this M.Cr.C. stands dismissed.

NEUTRAL CITATION NO. 2025:MPHC-JBP:18844

3 CRA-2884-2025 (MANINDER S. BHATTI) JUDGE Astha