The court granted bail based on improbable prosecution claims, and significant delay in filing the FIR.

IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANIL VERMA

nd

ON THE 22 OF SEPTEMBER, 2025 CRIMINAL APPEAL No. 4517 of 2025 GIRRAJ YADAV Versus THE STATE OF MADHYA PRADESH AND OTHERS Appearance:

Shri Atul Gupta Advocate for the appellant.

Shri Rajendra Singh Yadav Public Prosecutor for State.

ORDER Government Advocate informs that notice has been duly served on the complainant.

This first criminal appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "Act, 1989") against the order dated 04.11.2024 passed by Special Judge (Atrocities Act), Ashoknagar, rejecting the regular bail application of the appellant.

2. The appellant has been arrested on 08.12.2023 in connection with Crime No.667 of 2023, registered at Police Station - Dehat Ashoknagar District Ashoknagar (M.P.) for commission of offence punishable under Sections 365, 195A, 386, 506, 34, 224, 201 of IPC and under Sections 3(2)

(va) and )3(2)(v) of the Act, 1989.

3. Brief facts of the case of the prosecution case are that, on Signature Not Verified Signed by: RAM KUMAR

02.11.2023, complainant Shersingh Adiwasi, has submitted a written complaint to PS Ashoknagar to the effect that he was kidnapped by 12-15 persons and kept inside the Ashoknagar jail where, he was tortured for 8 hours. Thereafter, he was taken to the house of appellant Girraj where, he was forced to sign some blank papers. Thereafter, he was got released by his employer Nayeem Khan. On the basis of said complaint, the offence as sated has been registered. .

4. Learned counsel for the appellant contended that the appellant is innocent and he has been falsely implicated in the matter. He is in custody since 08.12.2025. Entire prosecution story is improbable in the light of the fact that appellant and co-accused took the complainant inside the Ashoknagar jail and kept him for long 8 hours. The FIR was lodged after the delay of 11 days without any satisfactory explanation. Co-accused Vikram and Charanjit have been enlarged on bail vide orders dated 4th February, 2025 in Cr.Appeal No.1051 of 2025 and on 4th October, 2024 in Cr.Appeal No9345 of 2024 respectively in the similar circumstances. Investigation is almost over. The appellant has already undergone jail sentence for almost one year and 10 months. Final conclusion of trial would take long time.

Hence, he prays that the appellant may be enlarged on bail.

5. Per contra, learned counsel for the respondent/State opposes the prayer stating that the appellant is an habitual offender having 32 criminal cases agaisnt them.

6. In reply, learned counsel for the appellant submits in most of the cases, the appellant has already been acquitted by the courts.

Signature Not Verified Signed by: RAM KUMAR

7. Heard learned counsel for the parties and perused the case diary.

8. Considering all the facts and circumstances of the case and also taking note of the fact that the prosecution story is highly improbable that the complainant was kept inside the Ashoknagar jail for about 8 hours and the FIR is filed with the delay of about 11 days, this Court is of the view that it is a fit case for grant of bail to the appellant. Accordingly, without commenting anything on the merits of the case, the criminal appeal is allowed and impugned order dated 04.11.2024 is hereby set aside.

9. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One lac Only) with one solvent surety in the like amount to the satisfaction of the Trial Court with a direction that he shall abide by the conditions enumerated under Section

480(3) of BNSS.

10. With the aforesaid, present criminal appeal stands allowed and disposed of.