Judgment · High Court

Judgment

#2. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KANNOD DEWAS (MADHYA PRADESH) NILESH HARIYALE S/O VISHNU HARIYALE NANASA TEH. KANNOD DIST. DEWAS (MADHYA PRADESH)

( BY SHRI ANENDRA SINGH PARIHAR - PANEL LAWYER FR THE RESPONDENTS STATE) ( BY SHRI ZISHAN KHAN - ADVOCATE FOR THE COMPLAINANT) .....RESPONDENTS This appeal coming on for admission this day, th e court passed the following: ORDER This Criminal Appeal under Section 14-A (2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act has been preferred by the appellant, who has been arrested by Police on 16.08.2022 in connection with Crime No.495/2023, registered at Police Station Kannod, District Dewas (M.P) concerning offence under Sections 294, 313, 307, 506, 34 of IPC and Section 3(1) (r), 3(1) (s), 3(2)(v), 3 (2) (v-a) of Scheduled Tribes (Prevention of Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 22-11-2023 19:57:16 2 Atrocities) Act, 1989 against the order dated 06.0902023 passed by the Additional Sessions Judge, Special Court Dewas in Special Case No.713/2023, whereby the prayer for grant of regular bail has been rejected.

#2. Brief facts of the case are that the appellant accused does not belong to Scheduled Caste or Scheduled Tribe community and on the date of incident i.e on 23.07.2023 at village Sukvas, District Dewas appellant accused went to the open place in front of the house of the victim Nilesh Haryale who belongs to Scheduled caste the appellant accused uttered filthy language on victim and his family and uttered caste relating words fully knowing that the victim belongs to scheduled caste community. When Shri Vishnu Prasad, father of Nilesh Haryale warned the appellant accused not to utter filthy language then appellant accused Tulsiram and co-accused Rajaram, Sunil Bhagwan and wife of Tulsiram inflicted injuries upon the father of Nilesh Shri Vishnu Prasad. FIR (First Information Report) was lodged on 23.07.2023 against the Rajaram, Sunil Bhagwan, Tulsiram and wife of Tulsiram. After investigation final report under Section 173 of Cr.PC was filed. An application for bail was presented on behalf of the appellant accused Tulsiram before the Special Judge (Scheduled Caste Scheduled Tribe) Act, Dewas and the Special Judge rejected the same. Challenging the order of Special Judge, this appeal has been filed.

#3. Learned counsel for the appellant submits that the appellant accused has no criminal antecedents and he belongs to the poor family and by profession he is a Labourer. He has no involvement in the said crime. The wife of the appellant is carrying pregnancy of thirty four weeks and at this stage the presence of the appellant alongwith his wife is necessary to support her mentally to be strong. Learned counsel for the appellant further submits that he would Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 22-11-2023 19:57:16 abide all the terms and conditions and shall appear before the Court if the 3 appellant is released on bail.

#4. On the other hand learned counsel for the respondent as well as the learned counsel for the complainant/victim opposed the appeal and submitted that looking to the injuries sustained by the victim wherein the Medical Officer, Civil Hospital, Kanod opined that the victim sustained comminuted fracture of the left zygomatic arch, fracture of the mastoid part of left temporal bone and soft tissue swelling in the high front-parietal scalp region the trial Court and the nature of injuries sustained by the victim as dangerous to life has rightly dismissed the application.

#5. This Court has carefully gone through the record and the documents submitted alongwith the appeal.

#6. The victim and the accused belongs to the same village and, therefore, it cannot be believed that the accused was not aware of the fact that the victim belongs to the caste of victims. The medical records annexed alongwith appeal from Page No. 72 to 116 also reflects the grievous nature of injuries sustained by the victim Vishnu. Looking to the opinion of Medical Officer, Civil Hospital, Kanod regarding nature of injuries and the fact that the matter is in a preliminary stage, no matter for enlarging the appellant on bail is made out. Hence, the appeal is liable to be dismissed and it is hereby dismissed. No order as to costs. (GAJENDRA SINGH) JUDGE rashmi Signature Not Verified Signed by: RASHMI PRASHANT Signing time: 22-11-2023 19:57:16