Vipin Patel vs The State Of Madhya Pradesh
2021 Latest Caselaw 4510 MP

                                                                       1                               CRA-3567-2021
                                           The High Court Of Madhya Pradesh
                                                      CRA-3567-2021
                                                  (VIPIN PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                    5
                                    Jabalpur, Dated : 23-08-2021
                                          Heard through Video Conferencing.

                                          Shri J.L. Soni, Advocate for the appellant.
                                          Shri Amitabh Bharti, PL for the respondent No.1-State.

Smt. Rashmi Rawat, Advocate for the respondent No.2/objector. T h i s Criminal Appeal under Section 14-A of the SC/ST

(Prevention of Atrocities) Act, 1989 in form of anticipatory bail application has been filed by the appellant, being aggrieved by the order dated 07.05.2021, passed by learned Special Judge (SC/ST) Act, District- Hoshangabad, by which, bail application No.417/2021 under Section 438 of Cr.P.C. filed on behalf of appellant has been dismissed.

The appellant is apprehending his arrest in connection with Crime No.73/2021 registered at Police Station- Pathrota, District Hoshangabad (M.P.) for the offences punishable under Sections 354, 506 of IPC as

well as Sections 3 (1)(w)(i), 3 (2) (v-a) of SC/ST (Prevention of Atrocities) Act, 1989.

A s per prosecution story, on 01.04.2021 at about 8:00 PM, prosecutrix belongs to Scheduled Tribe community, was alone in her house. At that time, present accused/appellant entered into the house of prosecutrix caught hold of her hands and outraged her modesty. FIR was lodged against the accused/appellant for the aforesaid offence.

Learned counsel for the appellant submits that appellant is innocent person and has falsely been implicated in this case. He did not commit any offence. There is an old enmity between both the parties. Civil Suit is also pending between both the parties. Due to this, he has been implicated in this case. Appellant/accused has no previous criminal Signature Not Verified SAN

Digitally signed by RASHMI RONALD VICTOR Date: 2021.08.23 17:30:48 IST 2 CRA-3567-2021 antecedents. There is no probability of his absconding. On these grounds, learned counsel for the appellant prays for grant of anticipatory bail to the appellant.

Per-contra, learned P.L. for the respondent-State as well as counsel for the objector opposes the anticipatory bail application by

submitting that appellant/accused is continuously threatened the prosecutrix, so he is not entitled for anticipatory bail.

Considering the contentions of both the parties and prima facie it appears that case is made out under the SC/ST Act against the appellant/accused so he is not entitled for grant of anticipatory bail.

Since, the offences involved in the case are not punishable with more than 7 years of imprisonment and Section 41(1) of Cr.P.C. provides that the offences for which punishment prescribed is imprisonment for a term upto seven years, the accused may be kept in custody only if the condition enumerated in Section 41(1)(b)(ii) of Cr.P.C. exist. In Arnesh Kumar's case [(2014) 8 SCC 273], the Hon'ble Apex Court has held as under:-

"..........the arrest effected by the police officer does not satisfy the requirements of Section 41 of the Code, Magistrate is duty bound not to authorize his further detention and release the accused......".

In view of the observations laid down in the judgment referred above, I deem fit to direct as under:

(i) That, the police may resort to the extreme step of arrest only when the same is necessary and the appellant fail to cooperate in the investigation.

(ii) That, the appellant should first be summoned to cooperate in the investigation. If the appellant cooperate in the investigation then the occasion of their arrest should not arise.

(iii) That, if the appellant-accused is arrested and want to file application for regular bail before trial Court, then they will be produced before the trial Court without any delay Signature Not Verified SAN

Digitally signed by RASHMI RONALD VICTOR Date: 2021.08.23 17:30:48 IST 3 CRA-3567-2021 subject to prior intimation to the complainant. Trial Court is also directed to consider their bail application as expeditiously as possible, preferably, on the same day after giving an opportunity to the complainant to oppose.

This appeal is disposed of with the aforesaid directions. C.c. as per rules.

(RAJENDRA KUMAR SRIVASTAVA) JUDGE

RS

Signature Not Verified SAN

Digitally signed by RASHMI RONALD VICTOR Date: 2021.08.23 17:30:48 IST