In cases under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, bail may be granted if the court finds that the circumstances warrant it, even if the offense is serious in nature.

ORDER

This is second criminal appeal filed on behalf of the appellant under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail against order dated 27.09.2023 passed by Special Judge (SC/ST) (P.O.A.) Seoni Malwa District Narmadapuram (MP) passed in SCATR No.118/2023 by which his application for grant of bail was dismissed.

2. Appellant has been arrested on 06.07.2023 in connection with FIR No.370/2023 registered at Police Station Seoni Malwa District Naramdapuram for the offences punishable under Sections 294, 323, 506, 307 the IPC and Sections 3(1)(d), 3(1)(s), 3(2)(va) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. It is submitted by learned counsel appearing for appellant that earlier appeal for grant of bail was dismissed with liberty to file repeat appeal after period of three months. It is submitted that co-accused in the case namely Rishabh Gour was granted bail by this Court. Case of appellant is similar to that of co-accused person. In these circumstances, he may also be granted bail.

4. Learned Government Advocate appearing for State opposed the bail application. It is submitted that offence is serious in nature and punishable upto life imprisonment.

5. Heard the learned counsel for the parties. 6. Appellant was not armed. He assaulted the victim by fists and kicks like other accused persons. He is jail since last six months. Investigation is complete and charge sheet has been filed.

7. Considering the facts and circumstances of the case, I find it to be a fit case for grant of bail. Hence, this criminal appeal filed by appellant is allowed. It is directed that on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) by the appellant along with one solvent surety in the like amount to the satisfaction of trial Court concerned, the appellant be released on bail.

8. The appellant shall abide by the following conditions of Section 437 (3) of Cr. P. C. as under:- (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter;

(b) that such person shall not commit any offence similar to the offence of which he is accused, or suspected of the commission of which he is suspected and;

(c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.