Madhya Pradesh High Court
Surendra Singh Rajput vs The State Of M.P. on 29 October, 2021
Author: Vishal Mishra
1 CRA-5559-2021
The High Court Of Madhya Pradesh
CRA No. 5559 of 2021
(SURENDRA SINGH RAJPUT Vs THE STATE OF M.P. AND OTHERS)
Jabalpur, Dated : 29-10-2021
Shri Abhishek Shrivastava, learned counsel for the appellant.
Shri Harsh Gupta, learned Panel Lawyer for the respondent no.1/State.
None for the respondent No.2/complainant.
The present appeal has been filed under Section 14 (A)(1) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(for brevity 'the Act') against the order dated 25.08.2021 passed by Special
Judge (Atrocities), Sagar (MP), whereby the application of the appellant
under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected in
connection with Crime No.659 of 2021 registered at Police Station Moti
Nagar, District Sagar for the offence punishable under Sections 341, 323,
294, 506, read with Section 34 of IPC and 3 (1) (da) and 3(1) (dha) and 3
(2) (5-ka) of the Atrocities Act.
It is alleged that the appellant has falsely been implicated in the case
and he has not committed any offence in any manner. He has been implicated
in the case only on the basis of political rivalry. The report is made with the
delay of seven days. After due consultation therefore, no offence is made out
against the appellant. The incident is stated to have been taken place on
12.08.2021 and immediately at Police Station Moti Nagar the incident was
reported. The offence under "the Act" along with other offences were
registered against the appellant. The matter was not transferred immediately to
the Azad Police Station. It was kept pending and when preliminary inquiry
was conducted prior to the registration of the FIR against the present
appellant. He has placed reliance upon the judgment passed by the Hon'ble
Supreme Court in the case of Prithvi Raj Chauhan Vs. Union of India
passed in W.P.No.1015/2018 wherein Hon'ble Supreme Court has
considered the scope of Section 438 of the Cr.P.C. and Sections 18 and 18A
of "the Act". It is held by Hon'ble Supreme Court that looking to the facts
2 CRA-5559-2021
and circumstances of the case, when no offence is made out which is not
reflected from the FIR, the benefit of anticipatory bail should have been
extended. The bar under Section 18 of "the Act" is not applicable in such
circumstances. Therefore, he prayed for grant of anticipatory bail and is
ready to co-operate in the investigation.
Counsel for the State has vehemently opposed the prayer and has
contended that the name of the present appellant is clearly reflected in the FIR
even the words which have been used clearly addressed "the Act". He has
also inflicted some injuries which are also medically corroborated. However,
he fairly submits that the injuries were simple in nature.
Heard learned counsel for the parties and perused the record.
On perusal of the FIR, it is seen that the incident has taken all of a
sudden. There was no premeditation of mind. The incident appears to have
taken place out of some political influence. In such circumstances, the benefit
of anticipatory bail should have been granted to the appellant considering the
judgment passed by the Hon'ble Supreme Court in the case of Prathvi Raj
Chauhan (supra).
Accordingly, taking the bail application under Section 438 of the
Cr.P.C.is maintainable. Looking to the facts and circumstances of the case,
the same is allowed. Application under Section 14 (A)(1) of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act seeking
anticipatory bail is allowed.
It is hereby directed that in the event of arrest, t h e appellant be
released on bail on his furnishing personal bond of Rs.50,000/- (Rupees
Fifty Thousand only) with one solvent surety of the like amount to the
satisfaction of Investigation Officer/trial Court, as the case may be with
submission of written undertaking that he will abide by the terms and
conditions of different circulars, orders as well as guidelines issued by
Central Government, State Government as well as Local Administration for
maintaining social distancing, hygiene etc to avoid Novel Corona Virus
3 CRA-5559-2021
(COVID-19) pandemic and he will have to install Arogya Setu App, if not
already installed.
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 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 they are 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 and
7. The appellant will inform the concerned S.H.O. of concerned Police
Station about his residential addresses in the said area and it would be the
duty of the Public Prosecutor to send E-copy of this order to SHO of
concerned police station as well as Superintendent of Police concerned who
shall inform the concerned SHO regarding the same.
Application stands allowed and stands disposed of.
E-copy of this order be provided to the appellant and E-copy of this
order be sent to the trial Court concerned for compliance. It is made clear
that E-copy of this order shall be treated as certified copy for practical
purposes in respect of this order.
CC as per rules.
(VISHAL MISHRA)
4 CRA-5559-2021
JUDGE
Sha
Digitally signed by SMT SHALINI SINGH LANDGE
SMT SHALINI
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH,
ou=HIGH COURT OF MADHYA PRADESH,
postalCode=482001, st=Madhya Pradesh,
SINGH LANDGE
2.5.4.20=571661a5ba04340d50d7005c586874c8f
e1c02e07ce90b871c2c4584cba9725e, cn=SMT
SHALINI SINGH LANDGE
Date: 2021.10.30 14:48:27 +05'30'
