ORDER

Heard on I.A. No. 24068/2022.

2. For reasons stated in application, I.A. No. 24068/2022 is allowed. Delay in filing appeal is condoned.

3. This is first criminal appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for grant of bail to the appellant against order dated 17.05.2022 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Bhopal (M.P.).

4. Appellant is in jail since 23.02.2022 in connection of Crime No.85/2022, registered at Police Station Chhola Mandir, District Bhopal (M.P.) for the offences punishable under Sections 294, 307, 506, 34 and 302 of Indian Penal Code, Section 25 of Arms Act and Section 3(2)(5) of SC/ST Act.

5 . It is submitted by the counsel appearing for the appellant that appellant is innocent and falsely being implicated in the case by police. It is submitted that as per FIR, three persons namely Ravi, Chandan and Krish were named and assailants. Later on, offence under Section 302 IPC was also added. Appellant was made accused on basis of memorandum given by co-accused person namely Chandan Sahu. In said memorandum, it has been stated that act has been committed by Panda @ Ravi Kushwaha and Shubham Chourasia. Later on, appellant was arrested and his memorandum was also recorded. In memorandum, there is overwriting over name of appellant. It appears that name Shubham Chourasia has been made Shivam in said memorandum. It appears that there is overwriting in memorandum and name Shubham has been changed to Shivam. Later on, after some delay, statement of Karan Vasudev was recorded who has named applicant as one of the accused. In these circumstances, appellant be released on bail.

6 . Learned Govt. Advocate appearing for State opposed the criminal appeal for grant of bail. It is submitted that Karan Vasudev, who is complainant in the case and had lodged FIR, had specifically taken the name of the appellant as one of the assailant in the case. Appellant is also having criminal antecedents of five cases. In such circumstances, appeal filed by appellant be dismissed.

7. Heard the learned counsel for the parties.

8. Appellant is not named in the FIR. Later on his name was taken by complainant Karan Vasudev. There is also overwriting in memorandum, which has been recorded by police.

9. Considering aforesaid circumstances, criminal appeal filed by appellant is allowed .

10. It is directed that appellant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand) with one solvent surety in the like amount to the satisfaction of trial Court.

11. The appellant shall abide by the conditions stipulated in Section 437 (3) of Cr.P.C.

12. C.C as per rules. (VISHAL DHAGAT) JUDGE vkt