Pawan Kumar Lodhi vs The State Of Madhya Pradesh
2022 Latest Caselaw 8807 MP

                                                                          1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                             ON THE 1st OF JULY, 2022

                                                    CRIMINAL APPEAL No. 5048 of 2022

                                       Between:-
                                       PAWAN KUMAR LODHI S/O SHRI GOVIND PRASAD
                                       LODHI, AGED ABOUT 35 YEARS, OCCUPATION:
                                       SERVICE, R/O BARGI COLONY NO. 2, GOTEGAON,
                                       TEHSIL   GOTEGAON,  DISTRICT- NARSINGHPUR
                                       (MADHYA PRADESH)

                                                                                                       .....APPELLANT
                                       (BY SHRI KABEER PAUL, ADVOCATE)

                                       AND

                         1.            THE STATE OF MADHYA PRADESH THROUGH POLICE
                                       STATION GOTEGAON DISTRICT NARSINGHPUR M.P.

                         2.            VICTIM 'A'

                                                                                                    .....RESPONDENTS
                                       (BY SHRI SUBODH KATHAR, GOVT. ADVOCATE )
                                       (SHRI PRAVEEN KOTAHRE, ADVOCATE FOR COMPLAINANT)

                                    This appeal coming on for hearing this day, the court passed the following:
                                                                      ORDER

This is first criminal appeal filed by the appellant under Section 14-A of the SC/ST

(Prevention of Atrocities) Act (for short “the Actâ€Â) against the impugned order dated 6.6.2022 passed by the Special Judge, Narsinghpur whereby the Court below has dismissed the application filed by the appellant under Section 438 Cr.P.C for grant of bail.

The appellant apprehends his arrest in connection with Crime No.379/2022 Signature Not Verified SAN registered at Police Station Gotegaon District Narsinghpur for the offences mentioned therein.

Digitally signed by MANZOOR AHMED Date: 2022.07.01 17:02:49 IST

As per prosecution, a complaint was lodged by the complainant that the present appellant insulted her and used abusive words, however the details of the abusive words have not been given in the FIR.

Learned counsel for the appellant submits that the appellant is a Government Teacher and Principal Incharge of the School. He has not committed any offence. It is further pointed out that a false case has been registered against him. He has been issued a notice under Section 41 of Cr.P.C. and pursuant to which he has appeared before the authorities concerned and got his statement recorded. The appellant undertakes to cooperate in the investigation and on these grounds anticipatory bail has been prayed.

Learned counsel for the State has objected the bail application. It is submitted that

there is a specific bar under Section 18 of the SC/ST Act for entertaining the application for grant of anticipatory bail, and to which counsel for the appellant has referred the judgment of the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar and another, reported in (2014) 8 SCC 273, wherein the Apex Court has held that a police officer before arrest has to be satisfied that his arrest is necessary for proper investigation. It is submitted that the appellant is ready to cooperate in the investigation.

Considering the submission of the parties and the fact that the appellant has already appeared before the authority concerned pursuant to the earlier notice issued to him under Section 41 of Cr.P.C. this appeal is allowed.

It is directed that in the event of arrest, present appellant shall be released on bail on her furnishing a personal bond in the sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one surety in the like amount to the satisfaction of arresting officer. It is further directed that the applicant shall also comply with the provisions of Section 438(2) of

Signature Not Verified SAN Cr.P.C.

Digitally signed by MANZOOR AHMED It is further directed that the appellant would appear as and when he is required by Date: 2022.07.01 17:02:49 IST

the police authorities for helping in the investigation or for recording his statement. He

will not threaten or harass the complainant or any witness in this regard. In case if any complaint is filed against him or he does not cooperate in the investigation, this bail order shall stand cancelled automatically.

Certified copy today.

(NANDITA DUBEY) JUDGE Ansari

Signature Not Verified SAN

Digitally signed by MANZOOR AHMED Date: 2022.07.01 17:02:49 IST