IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VISHAL DHAGAT

ON THE 25^th OF JULY, 2022

CRIMINAL APPEAL No. 5682 of 2022

Between:-

GURPREET SINGH @ GYANI @ GUDGESH

SINGH S/O AVTAR SINGH, AGED ABOUT 28

YEARS, OCCUPATION: DRIVER R/O VILLAGE

PATAVI, TEHSIL NARAYAN, DISTT AMBALA

(HARAYANA) (HARYANA)

.....APPELLANT

(BY SHRI P. S. THAKUR, ADVOCATE)

AND

1.

THE STATE OF MADHYA PRADESH THROUGH

POLICE STATION CIVIL LINES DISTRICT SATNA

(M.P.) (MADHYA PRADESH)

2.

VICTIM A D/O NOT MENTION NOT MENTION

(MADHYA PRADESH)

.....RESPONDENTS

(BY SHRI D. K. PAROHA, GOVERNMENT ADVOCATE )

This appeal coming on for hearing this day, th e court passed the

following:

ORDER

This is first criminal appeal filed under Section 14-A(1) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, for grant of

bail to the appellant, who is in jail since 21.12.2021 in connection with Crime

No.352/2021, registered at Police Station Civil Lines District Satna (M.P.) for

the offences punishable under Section 376 (i) and 506-II of Indian Penal Code

and Section 3(2)(v) of of SC/ST Act against the order dated 17.6.2022 by

which his application for bail was dismissed.

1

Signed by: ARVIND KUMAR

DUBEY

Signing time: 7/26/2022

11:02:53 AM

Signature Not Verified

(VISHAL DHAGAT)

Counsel appearing for the appellant submitted that there is long delay in

lodging of FIR against the appellant. Incident is said to have taken place on

16.4.2021 and FIR has been lodged after period of more than 3 months i.e.

4.7.2021. It is submitted he has been falsely implicated in the case due to

dispute regarding over payment of money of harvesting between appellant and

complainant. In these circumstances, counsel for the appellant made a prayer

for grant of bail to the appellant.

Counsel appearing for the State Government has opposed the appeal for

grant of bail. It is submitted that delay has been explained. Police did not

register FIR as lock down was prevalent at that time. It is further submitted that

appellant belongs to Punjab and if he is released on bail then he may not attend

the trial. In these circumstances, bail application may be dismissed.

Heard learned counsel for the parties.

There is long delay of about more than 3 months in lodging of FIR which

throws the doubt of prosecution story. Though, explanation of delay has been

given but same does not appear to be appropriate considering the long delay.

Considering the aforesaid facts and circumstances of the case, appeal is

allowed. It is directed that appellant Gurpeet Singh @ Gyani @ Gudgesh

Singh shall be released on bail on his furnishing a personal bond in the sum of

Rs.50,000/- (Rs. Fifty thousand) with two local sureties in the like amount to

the satisfaction of trial Court. The appellant shall abide by the conditions

enumerated in Section 437 (3) of Cr.P.C.

Certified copy as per rules.

2

Signed by: ARVIND KUMAR

DUBEY

Signing time: 7/26/2022

11:02:53 AM

Signature Not Verified

JUDGE

DUBEY/-

3

Signed by: ARVIND KUMAR

DUBEY

Signing time: 7/26/2022

11:02:53 AM

Signature Not Verified