Sunita Yadav, J
This is first criminal appeal under Section 14 (A) (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as "SC/ST Act") filed by the appellant assailing the order dated 16.04.2024 passed by Special Judge, (Atrocities), Sheopur (M.P.) whereby, application preferred by the appellant herein under Section 439 of Cr.P.C. relating to Crime No. 16 of 2024 registered at Police Station Dehat, District Sheopur (M.P.) for the offence under Sections 307, 294, 323, 324, 147, 149, 506, 195-A of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v) of the SC/ST Act.
Learned counsel for the appellant argued that appellant is innocent and has been falsely implicated. It is further argued that as per prosecution story, present appellant inflicted axe blow on the head of injured – Ramesh, however, as per MLC the injury caused by hard and blunt object. It is further argued that the injured was referred to Government Hospital but he get treatment in private hospital, in these circumstances, injury report becomes suspicious. The appellant is under custody since 23.02.2024. After conclusion of investigation, charge-sheet has been, therefore, further custodial interrogation is no more required. The appellant is the permanent resident of District Sheopur (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. Hence, he prays for grant of bail to the appellant.
P e r contra, learned Public Prosecutor for respondent/State has vehemently opposed the appeal and prayed for its rejection.
Considering the facts and circumstances of the case, but without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the concerned trial Court/Committal Court.
This order will remain operative subject to compliance of the following conditions by the appellant:-
1. The appellant will comply with all the terms and conditions of the bond executed by him/her;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3 . The appellant will not indulge himself/herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he/she is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.
E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.
Certified copy as per rules.
