Kapil Deo Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6738 MP

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                 HIGH COURT OF MADHYA PRADESH
                          Cr.A.No.6039/2021
             (Kapil Deo Singh Vs. The State of M.P. & Anr.)

Gwalior Bench : Dated : 23.10.2021

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

Surange and Shri V.K.Agrawal, counsel for the appellant.

      Shri    Manish    Nayak,    learned   Panel    Lawyer     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 23.08.2021 passed

by the Special Judge (Atrocities), Gwalior 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 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 is

apprehending his arrest on the basis of registration of offences referred

above. Appellant is working as Chief Manager in Union Bank of India

and at the relevant point of time, he was Chief Manager of same bank

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 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 he is not beneficiary of the

transaction and no amount has been received by him from any of the

co-accused or any students of SC/ST Community. Since no allegation

prima facie of Atrocities Act is apparently available against the

applicant, 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. Appellant undertakes to cooperate in investigation/trial and

he would not be a source of harassment and embarrassment the

complainant party in any manner. 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,

applicant was Chief Manager in the bank and he did not cooperate in

the investigation. He prayed for rejection of the application.

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

23.08.2021 is set-aside in the following terms. It is hereby directed that

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

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

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

the bond executed by him;

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 them 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;

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 his presence before the concerned

Police Station on first Sunday of every month till filing of the

charge sheet.

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

ASHISH Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH

CHAURA COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b51951

SIA 54c3d4de08c6bb9303e52e2e7e728d9b ac85bd3, cn=ASHISH CHAURASIA Date: 2021.10.23 17:54:02 +05'30'