Yogesh vs The State Of Madhya Pradesh
2021 Latest Caselaw 8054 MP

                          1

                 HIGH COURT OF MADHYA PRADESH
                          Cr.A.No.6999/2021
           (Yogesh and Anr. Vs. The State of M.P. & Anr.)

Gwalior Bench : Dated : 01.12.2021

      Shri Akhilesh Gupta, counsel for the appellants.

      Shri R.S. Kushwaha, learned Dy. GA for the respondent/State.

The present appeal has been filed under Section 14 (A) (2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act,

1989 (for brevity 'the Act') against the order dated 16.11.2021 passed

by the Special Judge (Atrocities), Datia whereby the application of the

appellants under Section 438 of Cr.P.C. seeking anticipatory bail has

been rejected.

Appellants apprehend their arrest in connection with offences

punishable under Sections 294, 323, 506 and 34 of IPC and Section

3(1)(D) and 3(1)(Dh) and 3 (2) (v-a) of the Act registered as Crime

No.249/2021 at Police Station Bhander, District Datia (M.P.).

It is the submission of learned counsel for the appellants that

appellants are apprehending their arrest on the basis of registration of

offences referred above. It is further submitted that due to minor

dispute exists between the parties for sewage line (ukyh fookn), instant

case has been registered just to exert pressure. No injury has been

sustained by the victim. Appellants are students aged about 19-20 years

respectively and do not bear any criminal record. Confinement may

bring social disrepute and personal inconvenience especially on the

basis of false implication as contents of FIR are false. He relied upon

the order of this Court in the matter of Atendra Singh Rawat Vs.

State of M.P., 2019 (2) MPLJ (Cri) 481. Appellants undertake to

cooperate in investigation/trial and they would not be a source of

harassment and embarrassment the complainant party in any manner.

Thus, prayed for grant of anticipatory bail.

Learned counsel for respondent/State opposed the prayer and

prayed for dismissal.

Heard learned counsel for the State and perused the documents

appended thereto.

Considering the submissions and the fact that no ingredients of

offence prima facie (bail purpose) is made out in respect of the

Atrocities Act and looking to the judgment of Atendra Singh Rawat

(supra), but without expressing any opinion on merits of the case, I

deem it appropriate to allow this appeal and impugned order dated

16.11.2021 is set-aside in the following terms. It is hereby directed that

in the event of arrest, appellants shall be released on bail on furnishing

bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with

one solvent surety of the like amount to the satisfaction of Investigating

Officer/Investigating Agency.

This order will remain operative subject to compliance of the

following conditions by the appellants :-

1. The appellants will comply with all the terms and conditions of

the bond executed by them;

2. The appellants will cooperate in the investigation/trial, as the

case may be;

3. The appellants will not indulge themselves in extending

inducement, threat or promise to any person acquainted with the facts

of the case so as to dissuade them from disclosing such facts to the

Court or to the Police Officer, as the case may be;

4. The appellants shall not commit an offence similar to the offence

of which they are accused;

5. The appellants will not seek unnecessary adjournments during

the trial;

6. The appellants will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be;

Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for

compliance.

Certified copy as per rules.

(Anand Pathak) Ashish* Judge

ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF

H MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b519

CHAU 5154c3d4de08c6bb9303e52e2e7e72 8d9bac85bd3, pseudonym=CA2EA6EDDF504F8F9C 2790FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A 4C477577EEDBA3AB4F94593A930B9

RASIA 8DAE1B0AD16F90B5FD, cn=ASHISH CHAURASIA Date: 2021.12.02 15:49:45 +05'30'