IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA rd ON THE 3 OF NOVEMBER, 2023 CRIMINAL APPEAL No. 12724 of 2023 BETWEEN:-

KAPIL S/O SANTOSH VAISHNAV, AGED ABOUT 37 YEARS, OCCUPATION: LABOUR, R/O: VILLAGE CHAPDA, NEAR RAM MANDIR, BAGLI, DISTRICT DEWAS (MADHYA PRADESH)

.....APPELLANT (BY SHRI AVI JAIN - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BAGLI, DISTRICT DEWAS (MADHYA PRADESH)

2. ROHIT DHANAK S/O RAMAVTAR, R/O: DHANAK CHAPADA, P.S. BAGLI, DEWAS (MADHYA PRADESH)

.....RESPONDENTS (SHRI D.G. MISHRA - GOVERNMENT ADVOCATE)

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

ORDER

Appellant has filed this first criminal appeal under Section 14(A)(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 on behalf of the appellant for grant of regular bail relating to Crime No.380/2023 registered at P.S. Bagli, District Dewas (M.P.) for commission of offence punishable under Sections 294, 323, 324, 327, 427 and 506/34 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(V-A) of SC/ST Act. He is in jail since Signature Not Verified Signed by: ANUSHREE

01.08.2023.

2. As per prosecution story, on 21.07.2023, at about 10:30 PM, when brother of complainant Rohit was selling fruit at his shop, at that time one car came there and has taken some fruits and planning to go without giving money. When Rohit asked the accused persons about money, they refused to give money and said that 'now you will give an amount of Rs.1,000/- to us for drinking alcohol', but Rohit refused to give money to accused, who was seated in the Car. Then they started abusing him with caste related slurs and threatened him that 'you are sweeper and your caste's work is only to clean drainage, you lower class caste people refuses to give money to us'. Thereafter, accused took out the hoe from the drain and hit him on his head and started beating the complainant and his brother, due to which both of them sustained injuries.

Accordingly, offence has been registered.

3. Learned counsel for the appellant submits that the appellant is an innocent person and he has been falsely implicated in this offence. He is in custody since 01.08.2023. Appellant is a young person of 37 years of age. Victim has not sustained any bony injuries. All other injuries sustained by victim are simple in nature. Prima facie no offence is made out against the appellant. Investigation is over and charge-sheet has been filed. Appellant is a permanent resident of District Dewas. Co-accused Pankaj has been enlarged on bail by this Court vide order dated 29.09.2023 passed in MCRC No.11561/2023 in the similar circumstances. Final conclusion of the trial is likely to take sufficient long time. Hence, on the ground of parity the appellant be released on bail.

4. Per contra, learned counsel for the respondent / State opposes the criminal appeal and prays for its rejection by submitting that as many as seven criminal antecedents have been found against the present appellant. He is a Signature Not Verified Signed by: ANUSHREE habitual offender. Hence, he does not deserve for bail.

5. Perused the impugned order of the trial Court as well as the case diary. 6. After considering all the facts and circumstances of the case, nature and gravity of offence, and also taking note of the fact that investigation is over, therefore, no further custodial interrogation of the appellant is required; victim has not sustained any bony or fatal injury; victim has sustained only simple injury and final conclusion of the trial will take sufficient long time, hence, I deem it proper to release the appellant on bail.

7. Accordingly, the appeal is allowed. It is directed that appellant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court,