Dheerendra Kumar Dwivedi vs The State Of Madhya Pradesh
2022 Latest Caselaw 888 MP

                                        THE HIGH COURT OF MADHYA PRADESH
                                                   Cr.A.No.8262 of 2021
                                     (Dheerendra Kumar Dwivedi vs. State of M.P. & Ano.)


                                    Jabalpur, Dated : 19.01.2022


                                           Heard through Video Conferencing.

                                           Shri Sourabh Singh Thakur, learned counsel for the appellant.

                                           Shri Y.D. Yadav, learned Govt. Advocate for the respondent

no.1/State.

The present appeal has been filed under Section 14-A of the

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

1989 (for brevity 'the Act') against the order dated 22.12.2021 passed by

the Special Judge, SC/ST (Atrocities) Act, District Anuppur (MP),

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 Crime

No.08/2021 registered at Police Station- AJAK, District Anooppur (M.P.)

for the offence punishable under Sections 294, 323 & 506 of IPC and

Section 3(1) (Da)(Dha) & 3(2) (V-a) of the SC/ST (Prevention of

Atrocities) Act.

It is submitted that the appellant has been falsely implicated in the

matter and he has not committed any offence in any manner. The appellant

is a Government servant working on the post of Assistant Block Manager,

Ajivika Mission. It is argued that on the date of incident, the appellant was

not posted at the place of posting. Some documents have been filed

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.21 11:23:52 IST THE HIGH COURT OF MADHYA PRADESH Cr.A.No.8262 of 2021 (Dheerendra Kumar Dwivedi vs. State of M.P. & Ano.)

pointing out the fact that he has been transferred on 29.10.2021 from

district Annuppur to district Satna Block Development Ramnagar. In

pursuance to the same, he was relieved on 09.11.2021 and jointed at the

transferred place on 11.11.2021. It is argued that some complaint was

made by him against the complainant on 01.11.2021 and just with a

revengeful attitude, a complaint has been made against the present

appellant. He is ready to abide by all the terms and conditions that may be

imposed by this Court while considering his bail application.

Looking to the verbatim of complaint, no offence under the SC/ST

Act is made out, therefore, the appeal for grant of anticipatory bail is

maintainable in view of the judgment of Hon'ble Supreme Court in the

case of Prathvi Raj Chouhan vs. Union of India and others, 2020 (4)

SCC 727. Considering the aforesaid judgment, some orders have been

passed by the Coordinate Bench of this Court in the Cr.A.No.7186/2021

(Sohanlal Bhurji vs. State of M.P.) and in Cr.A.No.9974/2019 (Imran

Siddique vs. State of M.P.). He is ready to cooperate in the investigation

and prays for grant of anticipatory bail. He is the first offender.

Per contra, learned counsel appearing for the State has vehemently

opposed the application stating that in view of the bar under Section 18 of

Cr.P.C., the appeal is not maintainable. It is argued that looking to the

verbatim of the complaint, the offence under the SC/ST Act is clearly

made out, But he could not dispute the fact that the appellant is the first

offender and is a Government servant.

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.21 11:23:52 IST THE HIGH COURT OF MADHYA PRADESH Cr.A.No.8262 of 2021 (Dheerendra Kumar Dwivedi vs. State of M.P. & Ano.)

Considering the over all facts and circumstances of the case and

also judgment of the Hon'ble Supreme Court in the case of Prathvi Raj

Chouhan (supra), this Court deem it appropriate to entertain the appeal

for grant of anticipatory. Accordingly, without commenting upon the

merits of the case, subject to the verification of the fact that the

appellant is the first offender, this appeal is allowed. It is directed that in

the event of arrest, the appellant be released on bail upon his furnishing a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only)

with one surety in the like amount to the satisfaction of the Station House

Officer/Arresting Officer of the Police Station concerned. The appellant

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

Section 438 of Cr.P.C.

Appeal stands allowed and disposed of.

C.C. as per rules.

(Vishal Mishra) Judge

SJ

Signature Not Verified SAN

Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.21 11:23:52 IST