Arjun Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 6619 MP

                                1
 IN    THE      HIGH COURT OF MADHYA PRADESH
                      AT GWALIOR
                         BEFORE
      HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                     ON THE 24 th OF APRIL, 2023
                 CRIMINAL APPEAL No. 5249 of 2023

BETWEEN:-
1.    ARJUN SINGH S/O SHRI HARI SINGH, AGED
      ABOUT 37 YEARS, OCCUPATION: AGRICULTURIST
      VILLAGE MONTH TEHSIL MADHUSUDANGARH
      (MADHYA PRADESH)

2.    DASRATH SINGH S/O SHRI HARI SINGH, AGED
      ABOUT 45 YEARS, OCCUPATION: AGRICULTURIST
      VILLAGE MONTH TEHSIL MADHUSUDANGRAH
      (MADHYA PRADESH)

3.    BHAGWAT SINGH S/O SHRI HARI SINGH, AGED
      ABOUT 50 YEARS, OCCUPATION: AGRICULTURIST
      VILLAGE MONTH TEHSIL MADHUSUDANGARH
      (MADHYA PRADESH)

                                                          .....APPELLANTS
(BY SHRI RAJMANI BANSAL - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH INCHARGE
      POLICE STATION THROUGH POLICE STATION
      MAKSODANGARH (MADHYA PRADESH)

2.    COM PLAIN AN T THROUGH POLICE STATION
      MAKSODANGRAH GUNA (MADHYA PRADESH)

                                                        .....RESPONDENTS
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR
BY SHRI ANKUR MAHESHWARI - ADVOCATE)

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                 ORDER

Present Criminal Appeal has been filed under Section 14(A) (2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 29.11.2022 passed by Special Judge, Atrocities, Guna, whereby the application of the appellants under Section 438 of Cr.P.C. for grant of anticipatory bail has been rejected.

T h e appellants apprehend their arrest in connection with Crime No.285/2022 registered at Police Station- Maksodangarh, District- Guna (M.P.) in relation to the offence punishable under Sections 294, 323, 506, 34 of IPC and sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act.

Learned counsel for the appellant/accused submits that appellants are innocent and have been falsely implicated in the case. It is further submitted that

during investigation, present appellants/accused were released after giving notice under Section 41-A of Cr.P.C. in the light of judgment rendered by Hon'ble Supreme Court in the matter of Arnesh Kumar Vs. State of Bihar [(2014) 8 SCC 2731)]. Applicants have fully co-operated with the investigating agency. There is no likelihood of their absconsion. It is further submitted that the appellants are the reputed citizen of the society and if they are sent to jail then their social reputation would get diminished.

Learned counsel for the State opposed the criminal appeal and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available case-diary.

Looking to the facts and circumstances of the case, without commenting on the merits of the case, this Court is of the opinion that appeal should be allowed and by allowing the present appeal and setting aside the order dated 21.02.2023, it is directed that in the event of arrest, appellants be released on bail on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five

Thousand only) with one solvent surety in the like amount to the satisfaction of the arresting authority/Investigating Officer.

The appellants shall co-operate in the trial and shall regularly appear before the trial court as and when required. They 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.

Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE mani

SUBASRI MANI 2023.04.25 11:27:58

-07'00'