Madhya Pradesh High Court
Dilip Porwal vs The State Of Madhya Pradesh on 20 March, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:7244
1 CRA-2354-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 20th OF MARCH, 2025
CRIMINAL APPEAL No. 2354 of 2025
DILIP PORWAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Sonali Gupta, learned counsel for the applicant.
Shri Kamal Kumar Tiwari, learned Public Prosecutor for the
respondent/State.
Shri Navendu Joshi, learned counsel for the complainant.
ORDER
This first application for grant of bail in the form of criminal appeal
under Section 14 (A) 2 of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 (herein after referred to as the Act) has
been filed assailing order dated 22.02.2025 passed by learned Special Judge
[SC/ST (Prevention of Atrocities) Act], Ratlam, District Ratlam (MP),
whereby application under 483 of Bharatiya Nagarik Suraksha Sanhita, 2023
(Section 439 of Code of Criminal Procedure, 1973) for grant of regular bail
filed on behalf of appellant/ accused has been dismissed.
2. Appellant has been arrested on 07.01.2025 in connection with
F.I.R. bearing Crime No.623 of 2024 registered at Police Station Industrial
Area Jaora, District Ratlam (MP) for commission of offence punishable
NEUTRAL CITATION NO. 2025:MPHC-IND:7244
2 CRA-2354-2025
under Sections 281, 125 (2), 109, 3 (5) of BNS, 2023 and Section 3(2)(v) of
the Act.
3. Learned counsel for the appellant submits that the appellant is
innocent and has been falsely implicated in the case as the case was
registered against unknown person and after that on the basis of CCTV
footage, the applicant has been roped in. Co-accused Shahjad has been
granted bail by the learned trial Court. He is suffering incarceration since
07.01.2025. Investigation is complete and charge sheet has been filed. There
is no likelihood of his absconding or tampering with evidence. He will
cooperate with the investigation, therefore, it is prayed that appeal be
allowed and appellant may be released on bail.
4. Learned counsel for the Objector has opposed the prayer on the
ground that case of the present applicant is not on similar footing as that of
co-accused Shahjad. He himself has willfully dashed the injured Ajay from
backside of his vehicle Pick Up RJ-28-GH-2872 due to political rivalry. The
applicant has dashed with an intention to kill the injured, therefore, prays for
dismissal of the appeal.
5. Per contra, learned counsel for the respondent/State also opposed
the prayer on the ground that the applicant has 7 criminal antecedents vide
crime no.19/18.12.2010 u/s 147,294,323,506 of IPC(compromise),
23/21.02.2010 u/s 307,147,148,149,294,506 of IPC and 3(2)(v) of SC/ST
Act(pending) 89/28.06.2010 u/s 353,332,224,506,34 of IPC(acquitted),
68/05.08.2009 u/s 324,294,506,34 of IPC(Compromise), 254/07.08.2010 u/s
406, 201 of IPC(pending), 184/30.06.2016 u/s 13 of Gambling Act(fine
NEUTRAL CITATION NO. 2025:MPHC-IND:7244
3 CRA-2354-2025
imposed) and 30/17.04.2000 u/s 341,294,323,324,147,148,506 of
IPC(compromise) and prays for dismissal of the appeal.
6. In reply, learned counsel for the appellant submits that in two
cases the applicant has been acquitted vide judgment dated 24.12.2011 in
Special Case No.78/2010 and judgment dated 14.03.2023 in RCT
No.702531/2016.
6. Heard learned counsel for the parties and perused the case diary.
7. In view of the factual backdrop, looking to the act of the applicant,
allegations and evidence collected, it cannot be said that the case of the
applicant is similar to that of co-accused Shahjad who has been granted bail
and as per prosecution story he was sitting besides the driver of the offending
vehicle, this Court is not inclined to allow this appeal and release the
appellant on bail. Accordingly this appeal is dismissed.
(BINOD KUMAR DWIVEDI)
JUDGE
RJ
