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2020 DIGILAW 895 (MP)

Anil Kewat v. State Of Madhya Pradesh

2020-09-11

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first criminal appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act (for short "the Act") against the impugned order dated 07.07.2020 passed by the Special Judge, Satna whereby the Court below has dismissed the application filed by the appellant under Section 439 Cr.P.C for grant of bail. 3. The appellant is in custody since 12.04.2020 in connection with Crime No.280/2020 registered at Police Station-Rampur Baghelan, District-Satna for the offence mentioned therein. 4. The allegation against the present appellant is that he along with co-accused persons took the deceased from his home and murdered him due to some animosity regarding the payment of money. 5. Learned counsel for the appellant submits that he has been falsely implicated and there is no direct evidence against him. The charge-sheet has been filed. He is in custody since 12.04.2020 and the trial would take considerable time to conclude. He is ready to abide all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made. 6. Learned counsel for the objector as well as Panel Lawyer for the respondent/State have vehemently opposed the bail application. It is submitted by learned Panel Lawyer that the mother of the deceased has stated that there was a dispute regarding the payment of money between the deceased and the accused persons. Present appellant along with co-accused Pawan Kol took her son from her home, and later on, she was informed that her son was admitted in the hospital. When she reached the hospital, the Doctor has already declared his son dead. He has further pointed out that the deceased was last seen with the accused persons who brought him to the hospital in dead condition. Therefore on the basis of last seen evidence the present appellant is the main accused. 7. On due consideration of the case diary statements and the postmortem report, I am of the view that the present is not a fit case to enlarge the appellant on bail, hence this appeal filed under Section 14-A of the SC/ST (Prevention of Atrocities) Act (for short "the Act") for grant of bail is hereby dismissed. 8. Certified copy/e-copy as per rules/directions.