Nirmala Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 6576 MP

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              HIGH COURT OF MADHYA PRADESH
                             Cr.A.No.5945/2021
         (Nirmala Kushwah Vs. The State of M.P. & Others)

Gwalior Bench : Dated : 20.10.2021

      Shri R.K.Sharma, learned Senior counsel with Shri Rishikesh,

counsel for the appellant.

      Shri PPS Bajita, learned Public Prosecutor for the 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 23.08.2021 passed

by the Special Judge (Atrocities), District Gwalior whereby the

application of the appellant under Section 438 of Cr.P.C. seeking

anticipatory bail has been rejected.

      Appellant apprehends her arrest in connection with offences

punishable under Sections 420, 467, 468, 469, 120-B, 409 of IPC and

Section 3 (2) (v) of the Act registered as Crime No.721/2018 at Police

Station Morar, District Gwalior (M.P.).

      It is submission of learned senior counsel that the appellant, who

is a lady aged 40 years, is apprehending her arrest on the basis of

registration of offences referred above. She is working as Manager in

the Union Bank of India. At the relevant point of time, the appellant

was Manager at Sarafa Branch, Gwalior, wherein some students of

Scheduled Castes and the Scheduled Tribes Category opened their

banks accounts to get benefit of scholarship which are given by the

State Government. The said amount apparently in connivance with the
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              HIGH COURT OF MADHYA PRADESH
                           Cr.A.No.5945/2021
         (Nirmala Kushwah Vs. The State of M.P. & Others)

Institute and Education Institute BIPS College, Khureri, Morar,

Gwalior has been siphoned of and allegation against the present

appellant is of cooperation in opening the accounts and getting the

benefits. It is the further submission of learned senior counsel that she

is not beneficiary of the transaction and no amount has been received

by her from any of the co-accused or any students of SC/ST

Community. Allegation of opening of accounts of different

beneficiaries of scholarship is far from truth. Since no allegation prima

facie of Atrocities Act is apparently available against the appellant,

therefore, bar of Section 18/18-A of the Atrocities Act does not come in

any manner. 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.

She undertakes to cooperate in investigation/trial and she would not be

the source of harassment and embarrassment the complainant parties in

any manner.     It is further submitted that co-accused Smt. Shailja

Sharma has already been enlarged on anticipatory bail by this Court

vide order dated 30.09.2021 passed in Cr.A.No.5106/2021. Thus,

prayed for grant of anticipatory bail.

      On the other hand, learned counsel for the respondent/State

opposed the prayer on the ground that at the relevant point of time, she

was as Manager in the bank and she did not cooperate in the

investigation. He prayed for rejection of the application.

HIGH COURT OF MADHYA PRADESH Cr.A.No.5945/2021 (Nirmala Kushwah Vs. The State of M.P. & Others)

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), this Court is inclined to allow the application under Section

438 of Cr.P.C.

It is hereby directed that the appellant shall be released on bail,

on her furnishing personal bond of Rs.50,000/- (Rupees Fifty

Thousand Only) with one solvent surety of like amount to the

satisfaction of trial Court.

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 herself in extending inducement,

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

as to dissuade 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

HIGH COURT OF MADHYA PRADESH Cr.A.No.5945/2021 (Nirmala Kushwah Vs. The State of M.P. & Others)

of which she is accused;

5. The appellant will not seek unnecessary adjournments during the

trial;

6. The appellant will not leave India without previous permission

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

7. The appellant shall mark her presence before the concerned

Police Station on every fortnight of every month till filing of the

charge sheet.

Criminal 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)
AK/-                                                         Judge
       ANAND KUMAR
       2021.10.21
       10:41:10 +05'30'