eng
competition

Text Practice Mode

Gulli @ Gulla V/s State of Madhya Pradesh.

created Jun 3rd 2021, 13:51 by


1


Rating

434 words
10 completed
00:00
Shri B.K. Rajak, learned counsel for the appellant Shri Subodh Tamrakar, learned Panel Lawyer for the respondent-State. None for complainant/Victim-X, though notice has been served. This appeal has been filed under Section 14-A (1) of S.C./S.T. (Prevention of Atrocities) Act, 1989 for grant of bail, being aggrieved by the order dated 30.04.2021, passed by Special Judge SC/ST (Atrocities) Act, District Jabalpur (MP), by which bail application under Section 439 of Cr.P.C. filed on behalf of appellant has been dismissed. The appellant is in custody since 25.04.2021 in connection with Crime No.139/2021, registered at Police Station Gora Bazar, District Jabalpur (MP), for the offences punishable under Sections 456, 294, 427, 506, 34 of IPC Section 3(2)(5ka) & 3(1)(daa) of SC & ST (Prevention of Atrocities) Act. As per prosecution case, on 12.04.2021 at about 10:00 pm complainant Meena Bai was in her house at that time present appellant Gulli @ Gulla and co-accused Tara Yadav reached there. They broke the door of the house of complainant and entered into the house of complainant Meena Bai. They also broke the domestic articles of complainant and threatened to kill her. Complainant is the member of scheduled caste community and appellant accused is not the member of scheduled caste and scheduled tribe community. Learned counsel for the appellant submits that appellant-accused has falsely been implicated in this case on the ground of previous criminal antecedent. Accused/appellant is in jail since 25.04.2021. Accused/appellant is not previously convicted. Investigation is complete. It is the time of Covid-19 due to which conclusion of trial will take time. There is no probability of his absconding or tampering with the prosecution evidence. Accused/appellant is bread earner of his family and if, he is kept in custody for an unlimited period, then future of his family will be spoiled. On these grounds, learned counsel for the appellant prays for grant of bail to the appellant. Learned Panel Lawyer for the respondent/State opposes the said bail application and submits that appellant has previous criminal antecedent, so he is not entitled for bail. Considering the contentions of both the parties and the fact that appellant-accused is not previously convicted, he is in jail since 25.04.2021, investigation is complete, there is no possibility of his absconding or tampering with the prosecution evidence, it is the time of Covid-19 due to which conclusion of trial will take time, appellant-accused is the bread earner of his family, so considering the nature of case, appellant was in jail during the trial, this appeal under Section 14-A of S.C./S.T. (Prevention of Atrocities) Act, 1989 for grant of bail is hereby allowed.

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