Chandrashekhar Dhakad @ Chandu vs The State Of Madhya Pradesh
2021 Latest Caselaw 5695 MP

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             HIGH COURT OF MADHYA PRADESH
                 Cr.A.5479/2021
 (CHANDRASEKHAR DHAKAD Vs THE STATE OF MADHYA
              PRADESH AND ANR.)

Gwalior, Dated: 20.09.2921
      Shri S.S.Rajput, learned counsel for the appellant.
      Shri Sangam Kumar Jain, learned Public Prosecutor for the
respondent No.1/State.

None for respondent No.2, though intimated as per case diary. Heard on the first Criminal Appeal under Section14-A(2) of

Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act

filed by the appellant for grant of anticipatory bail. The appellant is

apprehending his arrest in connection with Crime No.161/2021

registered at Police Station Bajranghard District Guna (MP) for the

offence punishable under Sections 323, 294, 506, 34 of IPC and

sections 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act.

As per prosecution story, on 5.8.2021, complainant Lakhan

Ahirwar aged 20 years lodged report at Police Station Bajranghard

District Guna to the effect that on 28.07.2021 at 9.15AM when was

playing with his mobile at Government hand pump, at that time

applicant-accused Chandu Dhakad along with Pappu Dhakad came

there and told him that "Chamara Madarchhod bahenchhod tu gaon

me netagiri karta h". When he objected, they started beating and the

complainant got injuries on his eyes, ear and stomach. On hearing his

hue and cry, his parents along with Khilan Ahirwar and Deepak

Ahirwar came on the spot and on seeing them they ran away by

threatening dire consequences. Afterwards, he was sent for medical

examination at Government Hospital, Guna and the report is on

record. On his report crime under the above sections was registered

and the matter was investigated. The applicant-accused was released

by Police after giving notice under Section 41(1) of Cr.P.C.

It is submitted by learned counsel for the appellant that the

appellant has falsely been implicated. He has not committed any

offence. No case under the SC/ST Act is made out against the

appellant and other offences registered under the IPC are bailable.

Earlier, appellant was granted the benefit of the judgment passed by

the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar,

[(2014) 8 SCC 2731] and the appellant has fully cooperated in the

investigation but the police filed the cahrge-sheet against the appellant

without any information or notice to him. It is further submitted that

the appellant is the reputed citizen of the society and if he is sent to

jail then his social reputation would get diminished. hence, prayed to

allow this appeal and grant of benefit of anticipatory bail to the

appellant.

Heard learned counsel for the parties at length and considered

the arguments advanced by them and perused the record.

Considering the facts and circumstances of the case and without

commenting on merits of the case, the appeal is allowed. It is

directed that in the event of arrest, appellant be released on bail on

furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty

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

satisfaction of the Arresting Authority/Investigating Officer.

The appellant shall co0operate in the trial and shall regularly

appeal before the trial Court as and when required. he shall further

abide by the other conditions enumerated in sub-section (2) of Section

438 of Cr.P.C.

With the aforesaid directions, the present application stands

disposed of.

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

(Deepak Kumar Agarwal) Judge

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SMT VALSALA VASUDEVAN 2021.09.21 10:45:15 +05'30'