IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR th ON THE 4 OF SEPTEMBER, 2023 CRIMINAL APPEAL No. 9523 of 2023 BETWEEN:-

BADE @ RAJU VANSHKAR S/O SHRI PYARELAL VANSHKAR, AGED ABOUT 35 YEARS, R/O CHHOTE WALI DAFAI, DABRA, DISTRICT GWALIOR (MADHYA PRADESH)

.....APPELLANT (BY SHRI RAVINDRA SINGH GURJAR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION DABRA DEHAT, DISTRICT GWALIOR (MADHYA PRADESH)

2. SMT. RAJKUMAR W/O LATE SHRI PAHLWAN ADIWASI THROUGH P.S. DABRA, DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI PURUSHOTTAM TANWAR - PANEL LAWYER FOR THE RESPONDENT NO.1/STATE AND SMT. UMA KUSHWAH - ADVOCATE FOR RESPONDENT NO.2/COMPLAINANT)

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

ORDER

I.A.No.14037/2023, an application under Section 301(2) of CrPC for assisting the prosecution is taken up, considered and allowed for the reasons mentioned therein.

Smt. Uma Kushwah - Advocate and his associates are permitted to assist the prosecution on behalf of the complainant.

Signature Not Verified Signed by: MONIKA The appellant has filed this criminal appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 12.07.2023, passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Gwalior (M.P.) whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.

The appellant has been arrested on 11.07.2023 relating to FIR No. 165 of

2023 registered at Police Station Dabra, District Gwalior (M.P.) for the offence under Sections 306/34 of IPC and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

A s per the case of prosecution, Uday S/o Man Singh, brother of deceased Pahalwan reported to Police Station Dabra Dehat, District Gwalior that his brother Pahalwan has committed suicide by hanging. Police Station Dabra Dehat registered unnatural death intimation No.12/2023 on 20.04.2023. During inquest, post-mortum examination of Pahalwan was conducted. Death was found to be caused by asphyxia due to hanging. Family members of deceased in their statement recorded under Section 174 of CrPC alleged that applicant along-with co-accused assaulted Pahalwan a day before his death. They abused him with reference to his caste, therefore, he has committed suicide. On such allegation, Police Station Dabra Dehat registered FIR in Crime No.165/2023 for the offence punishable under Sections 306/34 of IPC and Sections 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The appellant/accused was arrested on 11.07.2023. He is in custody ever since. Statements of all witnesses have been recorded. Statement of the appellant under Section 27 of Evidence Act has also Signature Not Verified Signed by: MONIKA been recorded. Charge-sheet has been filed.

Learned counsel for the appellant, in addition to the grounds mentioned in the appeal, submits that the appellant has falsely been implication in the matter merely on the basis of oral allegation of the family members of the deceased. None of the witness has verified the incident of assault by the appellant on deceased Pahalwan Singh. Learned counsel for the appellant further contends that even if the allegations are taken to be true, no case of abatement of suicide is made out against the appellant. Appellant is permanent resident of Dabra, District Gwalior. There is no likelihood of his absconding leaving family and property, or tempering with the evidence. He is sole bread earner of the family. Further jail incarceration would cause financial hardships to his family. On these grounds, learned counsel prays that learned Special Judge has committed an error in rejecting the application for bail, therefore, the impugned order be set aside.

Per contra, learned counsel for the St