Shrimati Shailja Sharma vs The State Of Madhya Pradesh
2021 Latest Caselaw 6255 MP

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                 HIGH COURT OF MADHYA PRADESH
                          Cr.A.No.5106/2021
         (Smt. Shailja Sharma Vs. The State of M.P. & Anr.)

Gwalior Bench : Dated : 30.09.2021

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

Harshavardhan Topre and Shri V.K.Agrawal, counsel for the applicant.

      Shri Devendra Choubey, 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 24.08.2021 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 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 applicant, who

is a lady aged 33 years, is apprehending her arrest on the basis of

registration of offences referred above. She is working as Assistant

Manager in the Union Bank of India. At the relevant point of time, the

applicant was Assistant 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
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              HIGH COURT OF MADHYA PRADESH
                          Cr.A.No.5106/2021
         (Smt. Shailja Sharma Vs. The State of M.P. & Anr.)

connivance with the Institute and Education Institute BIPS College,

Khureri, Morar, Gwalior has been siphoned of and allegation against the

present applicant 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. It is further submitted that she as Assistant Manager at

Sarafa Branch, Gwalior opened only one account of Ms. Jyoti Agrawal,

and therefore, 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 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.

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

the source of harassment and embarrassment the complainant parties 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, she

was an Assistant Manager in the bank and she did not cooperate in the

investigation. He prayed for rejection of the application. However, he

fairly submits that no criminal record except two criminal cases which

HIGH COURT OF MADHYA PRADESH Cr.A.No.5106/2021 (Smt. Shailja Sharma Vs. The State of M.P. & Anr.)

are being registered simultaneously on same set of allegations as this

case lies against her.

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 in the event of arrest, the

applicant shall be released on bail on already furnished personal. The

order dated 17.09.2021 passed in this case is hereby made absolute.

The appellant shall mark her presence before the concerned

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

charge sheet.

Other conditions contained in the order dated 17.09.2021 shall

remain intact.

Application 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
       2021.10.01
       10:27:17 +05'30'