Khusilal vs The State Of Madhya Pradesh
2021 Latest Caselaw 2704 MP

           THE HIGH COURT OF MADHYA PRADESH
                   1
                                          Cr.A.No.3644/2021

                 Khusilal Vs. State of M.P. & Anr.

Gwalior Bench Dated;25.06.2021

      Shri Rishikesh Bohre, learned counsel for the appellant.

      Shri Naval Gupta, learned PP for the respondent/State.

With consent heard finally.

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 12-06-2021

passed by Special Judge (Atrocities), Guna whereby the application of

the appellant under Section 438 of Cr.P.C. seeking anticipatory bail

has been rejected.

Appellant apprehends his arrest in connection with offences

punishable u/Ss. 354 of IPC and Sections 3(1)(w)(ii), 3(2)(va) of the

Act registered as Crime No.186/2021 at Police Station Dharnavada

District Guna.

It is submitted by learned counsel for the appellant that he is

apprehending his arrest on the basis of registration of false case

referred above. At the outset learned counsel for the appellant

submitted that no ingredients of offence under Atrocities Act are

available. Only allegation appears to be of undermining dignity of

woman but FIR is delayed by 5 days and he is 80 years old man. His

son runs a shop where some dispute occurred between his son and

complainant party and therefore, this case has been registered against THE HIGH COURT OF MADHYA PRADESH

Cr.A.No.3644/2021

him. Looking to his age and the fact that applicant does not bear any

criminal record, his case be considered for bail. He relied upon the

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

State of Madhya Pradesh and another, 2019 (2) MPLJ (Cri) 481 to

submit that anticipatory bail under the provision of Atrocities Act is

maintainable. Confinement would bring social disrepute and personal

inconvenience. He undertakes to cooperate in investigation/trial and

would make himself available as and when required by the

investigating officer and trial Court. He further undertakes not to

move in the vicinity of complainant in any manner and would not be

the source of harassment and embarrassment in any manner. He

further undertakes to abide by all the terms and conditions of

guidance, circulars and directions issued by Central Government,

State Government as well as Local Administration regarding measures

in respect of COVID-19 Pandemic and maintain hygiene in the

vicinity while keeping physical distancing. Thus, prayed for grant of

anticipatory bail.

On the other hand, learned counsel for the State opposed the

bail application and prayed for the dismissal of the same.

Heard learned counsel for the parties and perused the case diary.

Considering the age of the appellant, factum of delayed FIR and

the fact that possibility cannot be ruled out that because of dispute

erupted between the parties, this case has been registered (prima facie) THE HIGH COURT OF MADHYA PRADESH

Cr.A.No.3644/2021

as well as the pandemic situation prevailing due to COVID -19,

without expressing any opinion on merits of the case, I deem it

appropriate to allow this appeal in the following terms.

It is hereby directed that in the event of arrest, the appellant

shall be released on bail on furnishing a personal bond of Rs.50,000/-

(Rupees Fifty Thousand only) with one solvent surety of the like

amount to the satisfaction of Arresting Authority/ Investigating

Authority.

This order will remain operative subject to compliance of the

following conditions by the appellant:-

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

the bond executed by her;

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

case may be;

3. The appellant will not indulge himself in extending inducement,

threat or promise to any person acquainted with the facts of the

case so as to dissuade him/her from disclosing such facts to the

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

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

of which he is accused;

5. The appellant will not seek unnecessary adjournments during

the trial; and

6. The appellant will not leave India without previous permission THE HIGH COURT OF MADHYA PRADESH

Cr.A.No.3644/2021

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

E- copy of this order be sent to the trial Court concerned for

compliance, if possible, for the office of this Court.

Certified copy/ e-copy as per rules/directions.

                                                                                                 (Anand Pathak)
                                                                                                     Judge
Anil*

  ANIL     Digitally signed by ANIL KUMAR
           CHAURASIYA
           DN: c=IN, o=HIGH COURT OF


  KUMAR
           MADHYA PRADESH BENCH
           GWALIOR, ou=HIGH COURT OF
           MADHYA PRADESH BENCH
           GWALIOR, postalCode=474001,

  CHAURA   st=Madhya Pradesh,
           2.5.4.20=8512f40a1a9eaa50b680
           2d068b51dae27e84c266b09d283


  SIYA
           f0799e67cdc7df50f, cn=ANIL
           KUMAR CHAURASIYA
           Date: 2021.06.26 07:57:55 -07'00'