Ankit Parashar vs The State Of Madhya Pradesh
2022 Latest Caselaw 3931 MP

                                  1
     IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
                              BEFORE
          HON'BLE SHRI JUSTICE RAJEEV KUMAR SHRIVASTAVA
                        ON THE 22nd OF MARCH, 2022

                 CRIMINAL APPEAL No. 1782 of 2022

        Between:-
        ANKIT PARASHAR S/O MANOJ PARASHAR,
        AGED ABOUT 32 YEARS, OCCUPATION: GOVT.
        JOB PATWARI GRAM BARCHOLI TEHSIL AND
        THANA BHANDER JILA DATIA (MADHYA
        PRADESH)

                                                             .....APPELLANT
        (BY SHRI ACHYUT SHARMA, ADVOCATE)

        Vs.

1.      THE   STATE  OF    MADHYA     PRADESH
        INCHARGE POLICE STATION PS PANDOKHAR
        (MADHYA PRADESH)

2.      MUKESH KHATIK S/O N.A , AGED ABOUT 35
        YE A R S , OCCUPATION: LABOUR MANDIR
        PANDOKHAR SARKAR KE PUJARI SHRI
        GURUSHARAN SHARMA S/O SHRI ASHOK
        SHARMA KA GHARELU NAUKAR (MADHYA
        PRADESH)

3.      LALTA JATAV S/O N.A. , AGED ABOUT 35
        YE A R S , OCCUPATION: LABOUR MANDIR
        PANDOKHAR SARKAR KE PUJARI SHRI
        GURUSHARAN SHARMA S/O SHRI ASHOK
        SHARMA KA GHARELU NAUKAR (MADHYA
        PRADESH)

                                                          .....RESPONDENTS
        (BY SHRI R.S. KUSHWAH, DY. ADVOCATE GENERAL FOR THE
        STATE)
        AND
        (NONE FOR THE RESPONDENTS NO.2 & 3)

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

Present third criminal appeal has been filed under Section 14-(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 04/03/2021 passed by Special Judge (Atrocities), Datia, 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.15/2020 registered at Police Station Pandokhar, District Datia (M.P.) in relation to the offence punishable under Sections 294, 323, 506, 34, 325, 326 of IPC and Sections 3(2)(v) & 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is submitted by learned counsel for the appellant- Ankit Parashar that earlier the case was registered under Sections 294, 323, 506, 34 of IPC and Sections 3(2)(v), 3(2)(va) of SC/ST Act. Thereafter, Sections 325 and 326 of IPC have been enhanced. It is further submitted that this is the third criminal appeal filed for grant of anticipatory bail to the appellant. On 18/08/2020, this Court while disposing the first criminal appeal has granted liberty to the appellant in the light of the decision rendered by the Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar:[(2014) 8 SCC 273] and the appellant had not misused the liberty so granted to him. Thereafter, again an appeal under Section 14-A(2) was filed by the appellant which was dismissed as withdrawn by this Court vide order dated 22/03/2021 passed in Cr.A.No.1978/2021. It is further submitted that the appellant is cooperating in the investigation. As the charge sheet has been filed in the matter, therefore, there is no need of custodial interrogation of the appellant. It is further submitted that the Hon'ble Supreme Court has granted interim relief to co-accused Pankaj Dubey vide order dated 30/06/2021 passed in Petition(s) for Special Leave to Appeal(Crl.) No(s). 3861/2021. The case of the the present appellant is on same footing. The appellant is ready and willing to cooperate the trial. It is also submitted that present FIR has been lodged on account of counterblast to the earlier FIR lodged by appellant and injured persons never admitted in the hospital for their medical examination. The appellant is ready to abide by any condition which may be imposed by this Court. Hence, prayed to allow present appeal and grant anticipatory bail to the appellant.

Pet contra, learned State counsel opposed the appeal and has

submitted that earlier the case was registered under Sections 294, 323, 506, 34 of IPC and Sections 3(2)(v), 3(2)(va) of the SC/ST Act, therefore, the appellant was granted liberty by this Court in the light of judgment passed in Arnesh Kumar (supra), but now Sections 325 & 326 of IPC has been enhanced. It is further submitted that there are specific allegations against the present appellant. During investigation, notice was given to the appellant under Section 41-A of CrPC and one axe has been recovered from the possession of the appellant. Hence, prayed to reject this repeat criminal appeal and not to grant anticipatory bail to the appellant.

Heard learned counsel for the parties and perused the case diary.

It is apparent from the perusal of case diary and documents available on record that the case is registered against the appellant under Sections 294, 323, 506, 34, 325, 326 of IPC and Sections 3(2)(v), 3(2)(va) of SC/ST Act. Therefore, considering the gravity of alleged offence, at this stage, this Court is not inclined to grant anticipatory bail to the appellant. Hence, this third criminal appeal filed for grant of anticipatory bail to the appellant is hereby rejected.

(RAJEEV KUMAR SHRIVASTAVA) JUDGE pwn*

PAWAN KUMAR 2022.03.22 16:34:28 +05'30'