Madhya Pradesh High Court
Mohd Sameer Raien vs The State Of Madhya Pradesh on 29 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:4600
1 CRA-14073-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE PRAMOD KUMAR AGRAWAL
ON THE 29th OF JANUARY, 2025
CRIMINAL APPEAL No. 14073 of 2024
MOHD SAMEER RAIEN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Anoop Kumar Saxena - Advocate for the appellant
Shri Akilendra Singh -Government Advocate for respondent/State.
ORDER
This is first criminal appeal filed under Section 14-A(1) of the SC/ST
(Prevention of Atrocities) Act, 1989 against the order dated 13.12.2024
passed by Special Judge SC/ST (Prevention of Atrocities) Act, District
Chhatarpur (M.P.) whereby appellant's bail application under Section 483 of
B.N.S.S. in relation to Crime No.409/2024 registered at Police Station- City
Kotwali, District-Chhatarpur (M.P.) for offences punishable under Sections
109(1), 191(2), 191(3), 190, 115(2), 296, 121(1), 132, 324(4), 95, 238 of
B.N.S. and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) & 3(2)(v) of SC/ST
(Prevention of Atrocities) Act, Section 3 of Prevention of Damage to Public
Property Act, 1984 and Section 25(1-B)(b) of Arms Act was dismissed.
Appellant is in jail since 06.09.2024.
2. As per the prosecution story, on 21.08.2024 the appellant alongwith
100-150 other persons in the shape of crowd armed with rods, sticks and
NEUTRAL CITATION NO. 2025:MPHC-JBP:4600
2 CRA-14073-2024
stones assembled in Police Station, Kotwali, District Chhatarpur for giving
representation to register an F.I.R. against Ramgiri Maharaj, who made some
objectionable comments on Paigambar Muhhammed Sahab. When police
officials of said Police Station tried to convince them, they started abusing
and thereafter committed marpeet with them by pelting stones. As a result,
some of the police officials received grievous injuries. On the basis, the
offence was registered against the appellant and co-accused persons under
aforesaid sections.
3. Learned counsel for the appellant submitted that appellant is
innocent and has been falsely implicated. He in jail since 06.09.2024. It is
submitted that the name of appellant is not mentioned in the F.I.R. The
appellant has not caused injury to anyone. The appellant has not been
identified in the T.I.P. There was one criminal case i.e Special S.T No. 13-
2023 (State of M.P Vs. Mohd Sameer Raien) in which by judgment dated
07.06.2024, he has been acquitted. Charge sheet has been filed. The
conclusion of trial will take considerable time. Similar situated co-accused
persons have already been granted bail by this Court. Therefore, it has been
prayed that the appellant may be released on bail.
4. On the other hand, learned counsel for the State has opposed the
prayer for grant of bail and prayed for its rejection.
5. Having taken into consideration all the facts and circumstances of
the case but without expressing any opinion on the merits of the case, I am of
the view that it is a case in which further pre-trial detention of the appellant is
not warranted. Consequently, this appeal under Section 14-A(1) of the SC/ST
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Act is allowed. Impugned order dated 13.12.2024 passed by Special Judge
SC/ST (Prevention of Atrocities) Act, District Chhatarpur (M.P.) is set aside.
6. It is directed that appellant 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
480(3) of B.N.S.S.
7. 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
(PRAMOD KUMAR AGRAWAL)
JUDGE
tarun
