IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL DHAGAT th ON THE 4 OF SEPTEMBER, 2023 CRIMINAL APPEAL No. 10486 of 2023 BETWEEN:-

ABHISHEK VISHWAKARMA S/O JAIKISHAN VISHWAKARMA, AGED ABOUT 23 YEARS, R/O AMBADI, SALAMATPUR, DISTT. RAISEN (MADHYA PRADESH)

.....APPELLANT (BY SHRI SANKALP KOCHAR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH P.S.

CIVIL LINES, DISTRICT SAGAR (MADHYA PRADESH)

2. VICTIM/COMPLAINANT .....RESPONDENTS (BY SHRI A.S. PATHAK - GOVT. ADVOCATE)

This appeal coming on for admission this day, the court passed the following:

ORDER

This is first 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 07.08.2023 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Sagar (M.P.) passed in B.A.

No.1280/2023, by which application has been dismissed.

2. Appellant has been arrested on 02.08.2023 in connection with FIR No.140/2023, registered at Police Station Civil Lines, District Sagar (M.P.) for Signature Not Verified Signed by: SUNIL KUMAR the offences punishable under Sections 66C, 66D, 67, 67A of I.T. Act, under Section 354D(2), 469, 471, 509 of IPC and under Section 3(1)W(1), 3(2)(5- KA) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

3. Learned counsel appearing for the appellant submitted that offence is punishable up to five years of imprisonment. Appellant is in jail since 02.08.2023. His custodial investigation is not required. Appellant has not outraged the modesty of the complainant. In these circumstances, appellant be released on bail.

4 . Learned Government Advocate appearing for State opposed the criminal appeal for grant of bail and read over 164 statement of complainant and FIR.

5. Heard the counsel for the parties.

6. Considering allegations made against the appellant and fact that he is a student, criminal appeal filed by appellant is allowed

7. 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 conditions of Section 437 (3) of Cr. P.

C.

9. C.C. as per rules.

(VISHAL DHAGAT)

JUDGE sp/-

Signature Not Verified Signed by: SUNIL KUMAR Signature Not Verified