Deepak Dhakad vs The State Of Madhya Pradesh
2021 Latest Caselaw 5691 MP

                                 1          Cr.A. No.5427/2021


            HIGH COURT OF MADHYA PRADESH
       (Deepak Dhakad Vs. State of M.P. and another)
Gwalior, Dated: 20.09.2021

      Shri S.S. Rajput, learned counsel for the appellant.

      Shri B.S. Gaur, learned PL for the respondent No.1/State.

The appellant has filed this appeal under Section 14-A(2)

of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 against the order dated 04.09.2021, passed

by Special Judge, District- Guna, whereby application of

appellant preferred under Section 438 of Cr.P.C. has been

rejected.

Appellant is apprehending his arrest for the offence

registered vide Crime No.557/2021 at Police Station- Cantt.

District- Guna, punishable under Sections 323, 294, 427, 506, 34

of IPC and Section 3(1)(r), 3(1)(5), 3(2)(v-a) of the Scheduled

Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is the submission of learned counsel for the appellant that

appellant is a young man of 25 years of age and earlier received

a notice by Investigating Officer under Section 41(A) of Cr.P.C.

and he participated in investigation. As alleged, Investigating

Officer without informing the present appellant filed the charge-

sheet before the trial court and trial court issued arrest warrant

against him. Therefore, he seeks some breathing time to appear

before the trial court for explanation and to seek bail.

Confinement may bring social disrepute and personal

inconvenience to him. 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. Appellant undertakes to cooperate with the

investigation/police/trial court and would not be not be a source

of embarrassment or harassment to the complainant in any

manner. Under these grounds, she prays for temporary bail.

Learned Public Prosecutor for the respondent No.1/State

opposed the prayer, but fairly submitted that charge-sheet has

already been filed.

Heard learned counsel for the parties at length and perused

the documents appended thereto.

Considering the submissions advanced by learned counsel

for the parties and the fact that no document has been produced

by the appellant to demonstrate that Investigating Officer

informed the appellant about filing of charge-sheet prima facie

and the allegations except offence under Atrocities Act, all are

bailable in nature, but without expressing any opinion on merits

of the case, I deem it appropriate to allow this appeal and

impugned order dated 04-09-2021 is set aside in the following

terms. It is hereby directed that the appellant shall be released on

temporary bail for 15 days on his 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

Officer/Trial Court. During the period of temporary bail,

appellant shall appear before the trial court and seek bail as

per law.

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 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 of the trial Court/Investigating Officer, as the

case may be.

Appeal stands disposed of.

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)
Anil*                                                                       Judge
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,

CHAURAS   st=Madhya Pradesh,
          2.5.4.20=8512f40a1a9eaa50b6802
          d068b51dae27e84c266b09d283f0


IYA
          799e67cdc7df50f, cn=ANIL KUMAR
          CHAURASIYA
          Date: 2021.09.21 07:12:23 -07'00'