IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 5^th OF SEPTEMBER, 2022 CRIMINAL APPEAL No. 7035 of 2022 Between:-

NANNU @ RAMESH YADAV S/O REVARAM YADAV, AGED ABOUT 32 YEARS, OCCUPATION: PRIVATE JOB R/O AAMCHOUPRA POLICE STATION DAMOH DEHAT DISTRICT DAMOH (M.P.) (MADHYA PRADESH)

.....APPELLANT (BY SHRI MADAN SINGH - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION DAMOH DISTRICT DAMOH (M.P.) (MADHYA PRADESH)

2. UMESH AHIRWAR S/O SURESH AHIRWAR, AGED ABOUT 30 YEARS, R/O KISHAN TALAIYA, MALLPURA, POLICE STATION DAMOH DEHAT, DISTRICT DAMOH M.P. (MADHYA PRADESH)

.....RESPONDENT (BY SHRI VIVEK LAKHERA - GOVERNMENT ADVOCATE)

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

ORDER

This is second Criminal Appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as amended read with Section 439 of Cr.P.C. for grant of bail to the appellant, who is in custody since 11.02.2022 in connection with Crime No.79/2022, Signature Not Verified SAN registered at Police Station Damoh Dehat, District Damoh (M.P) for the Date: 2022.09.05 19:54:34 IST offences punishable under Sections 307, 34 of Indian Penal Code and Section

3(1)(da), 3(1)(Dha), 3(2)(5) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. First Criminal Appeal No.4907/2022 filed by the appellant was dismissed as withdrawn vide order dated 27.06.2022. It is submitted by learned counsel for the appellant that the appellant is in custody since 11.02.2022. It is further submitted that after dismissal of first appeal on 27.06.2022, victim Umesh Ahirwar was examined before the trial Court on 28.07.2022. He has not supported the prosecution case. He is completely hostile. In view of such facts, it is submitted that when victim himself has not identified the present appellant and has clearly mentioned that he is not knowing as to who had caused injury, it is a fit case to extend benefit of bail to the appellant.

Shri Lakhera, learned Government Advocate, submits that there is a growing tendency amongst the members of under privileged class to lodge false report, then obtain compensation from the State government and thereafter compromise matters with the victim after accepting hefty amounts. It is submitted that trial Court be directed to seek refund of the amount given by the State Government. He further submits that appellant has a history of two criminal cases.

Taking all these facts into consideration and the fact that victim Umesh Ahirwar has not supported the prosecution case. He is completely hostile, he has not identified the present appellant and he has clearly mentioned that he is not knowing as to who had caused injury, without commenting on the merits of the case, this appeal is allowed and impugned order passed by Special Judge, SC/ST (Atrocities) Act, Damoh is hereby quashed.

Signature Not Verified SAN It is directed that appellant Nannu @ Ramesh Yadav, be released on bail on his furnishing a personal bond in the sum of Rs.2,00,000/- (Rupees Two Lakhs Only) with two solvent sureties of the like amount to the satisfaction of the Trial Court for his appearance before the said Court on the dates given by the concerned Court. It is further directed that appellant shall comply with the provisions of Section 437 (3) of Cr.P.C.

It is further directed that in case, because the victim has turned hostile, trial fails, learned Special Judge shall ensure that amount disbursed in favour of the victum by the State Government shall be refunded by the victum to the State Exchequer.

This order shall be effective till the end of the trial, however, in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective.

This appeal stands allowed & disposed of.

Certified copy as per rules.

(VIVEK AGARWAL)

JUDGE A.Praj.

Signature Not Verified