Vijay Kumar Shukla, J
1. This is first appeal u/S.14A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed by appellant in connection with Crime No.137/2023 registered at Police Station Boda, Dist. Rajgarh (M.P.) for the offence under Sections 306/34 of IPC and Section 3(2)(v) of SC/ST Act, 1989.
2. It is alleged that one Balram committed suicide and after 75 days of his death, FIR has been registered.
3. Counsel for the applicant submits that the applicant is working in Indian Army and was posted at Guwahati as Lance Naik when the incident had taken place. In the suicide note also, nothing has been alleged against the present applicant.
4. Counsel for the State opposes the prayer and submits that the land belonging to the deceased was intended to be transferred in favour of the present applicant by an agreement.
5. After hearing learned counsel for the parties and upon perusal of the suicide note, this Court finds that no allegation has been made against the present applicant, prima facie case is made out for grant of bail to the appellant. Without commenting on merits of the case, the application is allowed.
6. It is directed that appellant- Mohan Singh Rathore shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with separate surety of the like amount to the satisfaction of the Court below.
7. A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the Ld. Court below.
8. With the aforesaid, the appeal stands allowed and disposed off.
