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2023 DIGILAW 5 (MP)

Jitendra Prajapati v. State of Madhya Pradesh

2023-01-02

NANDITA DUBEY

body2023
JUDGMENT Nandita Dubey, J. - This is the first criminal appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act against the impugned order dated 08.12.2022 passed by Special Judge (Atrocities), Sehore, whereby the Court below has dismissed the application filed by the appellant under Section 439 Cr.P.C for grant of bail. 2. The appellant is in custody since 16.07.2022 in connection with Crime No.251/2022 registered at Police Station Ichhawar, District Sehore for the offences punishable under Sections 323, 506, 307, 302, 201 of IPC and Section 3 (2) (v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. 3. A s per the prosecution, a complaint was lodged by one Rinku on 29.06.2022 that the deceased Sugnabai was found in an injured condition on her terrace. She had injuries over her face, ears and nose. It was alleged that some unknown person has committed Marpeet with her. She was taken to the Ichhawar hospital through 100 dial from where she was referred to Sehore where she succumbed to her injuries. On the basis of this complaint, the FIR was registered against the unknown person. Later on, on the basis of the statement of some witnesses, the present applicant has been implicated in the case. 4. Learned counsel for the applicant submits that the applicant has no connection with the crime. Initially the FIR was registered against the unknown person. However, on the basis of statement of witnesses which were taken after a period of one month, the applicant has been implicated in the case. It is further submitted that the present applicant has no criminal antecedent. 5. Learned counsel for the State though opposed the bail application but fairly submits that the present applicant has no criminal antecedent. 6. Considering the aforesaid, without adverting into the merits of the case, this criminal appeal is allowed. 7. It is directed that appellant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for his presence before the said Court on all the dates of hearing fixed in this regard during the trial. It is further directed that the appellant shall also comply with the provisions of Section 437(3) of Cr.P.C. Certified copy as per rules.