Aanand Singh @ Goldi vs. The State Of Madhya Pradesh

The High Court Of Madhya Pradesh

CRA-2407-2021

(AANAND SINGH @ GOLDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 05-05-2021

Heard through Video Conferencing.

Shri B.K. Upadhyay, learned counsel for the appellant.

Shri Akshay Pawar, learned Panel Lawyer for respondent/ State.

Heard on the question of grant of bail.

This is an appeal made by the appellant, namely, Aanand Singh @ Goldi under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, for grant of bail.

The appellant is facing trial for offence under Sections 294, 323, 341, 506 read with Section 34 of the I.P.C. and Sections 3(1)(r), 3(1)(s) & 3(2) (va) of the SC/ST (Prevention of Atrocities) Act, 1989, registered at Police Station Dehat, District Hoshangabad (M.P.), in Crime No.85/2021.

Learned counsel for the appellant submits that the allegation against the present appellant is in respect of causing injury by fists and kicks. He submits that the main allegation is against co-accused Shubham, who had caused injury by means of stone and that the injuries are simple in nature. He has further submitted that all other offences are bailable except the offence under the SC/ST Act and that there is no specific allegation that the appellant had abused the complainant on the basis of caste or caused the injury on that account. He further submits that the complainant himself had submitted the application and the affidavit before the trial Court stating that he had no objection in granting bail to the present applicant and in this regard, he has referred to the document Annexure A/2 filed along with the bail application. He has also submitted that the appellant is in custody since 21.3.2021 and he is no longer required for the purpose of investigation.

Learned counsel for the State has opposed the appeal and has submitted that the appellant has criminal antecedent and he has also referred to the statement of Shubham Barkade recorded under Section 161 of the

(PRAKASH SHRIVASTAVA) JUDGE

Cr.P.C.

Having regard to the submissions made by the counsel for the parties and considering the circumstances of the case, I am of the opinion that a case for grant of bail is made out. Accordingly, the appeal is allowed.

The appellant, namely, Aanand Singh @ Goldi is directed to be released on bail on his furnishing a personal bond in the sum of Rs.35,000/- (Rupees Thirty Five Thousand) with one surety in the like amount each to the satisfaction of the trial Court for his appearance as and when directed.

The appellant will attend each hearing of his trial before the trial Court out of which this bail arises. Any default in attendance in Court would result in cancellation of the bail granted by this Court.

The appeal is accordingly allowed.

Certified Copy as per rules.

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