Indar Singh Gurjar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3774 MP

                                      1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                                  BEFORE
              HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                            ON THE 16th OF MARCH, 2022

                    CRIMINAL APPEAL No. 2192 of 2022

         Between:-
         INDAR SINGH GURJAR S/O NIRANJAN SINGH ,
         AGED ABOUT 34 YEARS, OCCUPATION: AGRI.
         VILL. BICHI POST HATEDA NARWAR (MADHYA
         PRADESH)

                                                                    .....APPELLANT
         ( SHRI PRASHANT SHARMA, LEARNED COUNSEL FOR THE
         APPELLANT )

         VS

1.       THE STATE OF MADHYA PRADESH INCHARGE
         POLICE STATION P.S. JANAKGANJ (MADHYA
         PRADESH)

2.       COMPLAINANT VIRENDRA SINGH MAURYA PS
         JANAKGANJ, GWALIOR (MADHYA PRADESH)

                                                                 .....RESPONDENTS
         ( SHRI DHEERAJ BUDHOLIYA, PANEL LAWYER FOR THE
         RESPONDENT NO.1/ STATE )

      Th is appeal coming on for HEARING this day, the court passed the
following:
                                       ORDER

This Second Criminal Appeal u/S 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [ in short '' SC & ST Act''] has been filed for grant of anticipatory bail, challenging the order dated 13/01/2022 passed by the Special Judge (Atrocities), Gwalior in BA No.98 of 2022, by which the anticipatory bail application filed by the appellant has been rejected.

First Criminal Appeal filed under Section 14-A of the SC & ST Act for grant of anticipatory bail was rejected by this Court vide order dated 1st of February, 2022 passed in CRA No.888 of 2022.

Appellant apprehends his arrest in connection with Crime No.1019 of 2021 registered at Police Station Janakganj, District Gwalior for commission of offences punishable under Section 384 of IPC and under Section 3(2)(v-a) of the SC & ST Act.

It is submitted by the learned counsel for the appellant that the investigation

is complete and the charge sheet has been filed in the matter. Conclusion of trial will take some time and there is no possibility of appellant's absconding or tampering with the prosecution case. Although offence u/S 384 of IPC is non- bailable, but maximum imprisonment is up-to the term which may extend to three

years. Since no offence under Section 3(2)(v-a) of SC & ST Act is made out against the appellant, therefore, the bar under Section 18 of SC and ST Act does not apply. Only on the basis of oral evidence, the appellant has been implicated and there is no sufficient reason to intimidate or harass the complainant and thereby extort money out of him, therefore, no offence under Section 384 of IPC is made out against the appellant. Since investigation is complete and charge sheet has been filed, therefore, there is no requirement of any custodial interrogation of appellant. It is further submitted that appellant is entitled for grant of anticipatory bail in the light of the judgment passed by the Hon'ble Apex Court in the case of Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273.

On the other hand, the counsel for the State opposed the appeal and submitted that earlier criminal appeal filed by appellant u/S. 438 of CrPC for grant of anticipatory bail has been rejected on merits by this Court observing that it is not maintainable u/S. 18 of SC & ST Act. Hence, prayed for rejection of this criminal appeal.

Considering the arguments advanced by counsel for the parties along with the fact since the investigation is complete and the charge sheet has been filed and conclusion of trial will take some time as well as the fact that appellant is ready and willing to cooperate in trial, this application is allowed and it is hereby directed that in the event of arrest, the appellant be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees one lac only) with one solvent surety in the like amount to the satisfaction of IO/ Arresting Authority.

Appellant shall cooperate in the trial and shall regularly appear before the trial Court as and when required. He shall further abide by other conditions as enumerated under Section 438(2) of CrPC.

CC as per rules.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE MKB

Digitally signed by MAHENDRA BARIK Date: 2022.03.16 17:16:13 +05'30'