Akash Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 14819 MP

Citation : 2022 Latest Caselaw 14819 MP
Judgement Date : 14 November, 2022

Madhya Pradesh High Court

Akash Rajak vs The State Of Madhya Pradesh on 14 November, 2022

Author: Anand Pathak

             1


         IN THE HIGH COURT OF MADHYA PRADESH

                           AT GWALIOR
                              BEFORE
                 HON'BLE SHRI JUSTICE ANAND PATHAK

                    ON THE 14th OF NOVEMBER, 2022

                 CRIMINAL APPEAL No. 9847 of 2022

  BETWEEN:-
1. AKASH RAJAK S/O KOMAL SINGH RAJAK, AGED
   ABOUT 21 YEARS, OCCUPATION: STUDENT R/O-
   VILLAGE BARCHOLI POLICE STATION BHANDER
   DISTRICT DATIA (MADHYA PRADESH)
2. SOORAJ RAJAK S/O LATE SHRI CHANDAN SINGH
   RAJAK, AGED ABOUT 20 YEARS, R/O GRAM
   VARCHOLI, POLICE STATION BHANDER, DISTRICT
   DATIA (MADHYA PRADESH)
                                                      .....APPELLANT
  (BY SHRI AMIT RAWAT - ADVOCATE)

  AND
1. THE STATE OF MADHYA PRADESH THROUGH
   POLICE STATION CIVIL LINE DATIA DISTRICT
   DATIA (MADHYA PRADESH)
2. DEEPAK DOHRE S/O BRAJKISHOR DOHRE, R/O-
   GRAM VARCHOLI POLICE STATION CIVIL
   BHANDER, DISTRICT DATIA (MADHYA PRADESH)
                                                   .....RESPONDENTS
  (MS. KALPANA PARMAR - PANEL LAWYER)
     This appeal coming on for admission this day, the court passed the

following:

                              ORDER

The appellants have filed this criminal appeal under Section 14-

A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 23.09.2022 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Datia, whereby bail application under Section 438 of Cr.P.C. of appellants have been rejected.

Appellants are apprehending their arrest for the offence registered at Crime No.232/2022, at Police Station Civil Line, District Datia, punishable under Sections 323, 294, 506, 34 of the IPC and Sections 3(1)

(d), 3(1)(dha) and 3(2)(V-A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is the submission of learned counsel for the appellants that false case has been registered against appellants and they are apprehending their arrest on the basis of registration of offence as referred above. It is further submitted that cattle of appellants moved in the agricultural field of complainant, therefore, dispute erupted. On false allegation, just to harass the appellants, this case has been registered. No ingredients of offense under Section 3 of the Atrocities Act are palpably found. Counsel relied upon the judgment of Apex Court in the case of Atendra Singh Rawat Vs. State of Madhya Pradesh and another, 2019 (2) MPLJ (Cri) 481. Confinement would bring them social disrepute and personal inconvenience. Appellants undertake to cooperate in the trial and would make themselves available as and when required and they shall not be a source of any embarrassment and harassment to the complainant in any manner and would not move in the vicinity of complainant party. Therefore, they may be given benefit of anticipatory bail.

Learned Public Prosecutor for the respondent/State opposed the prayer and prayed for rejection of the appeal.

Heard the learned counsel for the parties and perused the record. Considering the submissions of learned counsel for the parties and facts situation, a chance be given to them for course correction , but with some stringent condition as discussed by Hon'ble Supreme Court in the case of Aparna Bhatt Vs. State of M.P. reported in 2021 SCC Online 230, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal and impugned order dated 23.09.2022 is set aside in the following terms. It is hereby directed that the appellants shall be released on bail on their furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of Arresting Officer/Trial Court.

This order will remain operative subject to compliance of the following conditions by the appellants:-

1. The appellants will comply with all the terms and conditions of the bond executed by them;

2. The appellants will cooperate in the investigation/trial, as the case may be;

3. The appellants will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/him/her from disclosing such facts to the Court or to the Police Officer, as the case may be.

4. The appellants will not seek unnecessary adjournments during the trial;

5. The appellants will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

6. The appellants shall mark their presence in the first week of every month before the concerned police station between 10.30 am to 2.30 pm, till conclusion of trial and any default shall disentitle them from grant of benefit of bail.

7. The appellants shall not be a source of any embarrassment and harassment to the complainant in any manner and would not move in the vicinity of complainant party.

And

The Station House Officer of the concerned Police Station is directed as follows:

1. The Station House Officer shall inform the victim about the release of the petitioner/applicant on bail and shall also supply a copy of this bail order to the victim.

2. In case of breach of any of the conditions of this order, the victim shall be free to report the matter to the Station House Officer of the concerned Police Station.

3. On receipt of any such complaint from the victim, the

Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.

4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.

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