Badri Patel vs The State Of Madhya Pradesh
2023 Latest Caselaw 20181 MP

Madhya Pradesh High Court

Badri Patel vs The State Of Madhya Pradesh on 1 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 1 st OF DECEMBER, 2023
                                            CRIMINAL APPEAL No. 12732 of 2023

                           BETWEEN:-
                           1.    BADRI PATEL S/O SHRI FAKIRCHAND PATEL,
                                 AGED 72 YEARS, OCCUPATION: AGRICULTURIST
                                 VILLAGE PEERKARADIYA, BARLAAI JAGIR,
                                 KSHIPRA, DIST. INDORE (MADHYA PRADESH)

                           2.    SUNIL PATEL S/O SHRI BADRI PATEL, AGED 42
                                 YEARS, OCCUPATION: AGRICULTURIST VILLAGE
                                 PEERKARADIYA, BARLAAI JAGIR, KSHIPRA,
                                 DIST. INDORE (MADHYA PRADESH)

                                                                                         .....APPELLANTS
                           (BY SHRI NILESH DAVE - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE STATION KSHIPRA INDORE (MADHYA
                                 PRADESH)

                           2.    LALITA BAI W/O SHRI RAMSINGH VILLAGE
                                 PEERKARADIYA KAKAD KSHIPRA, DIST. INDORE
                                 (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                           ( SHRI SANTOSH THAKUR - GOVERNMENT ADVOCATE FOR STATE)
                           (SHRI ZAMEER AHMED KHAN - ADVOCATE FOR RESPONDENT NO.2.)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                              ORDER

This is the first criminal appeal filed by the appellant under Section 14- A(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 for grant of anticipatory bail relating to private complaint registered by

Police Station Kshipra District Indore for the offence under Sections 352 of IPC and section 3(1)(r), 3(1)(g), 3(1)(va) of SC & ST (Prevention of Atrocities) Act 1989.

2. As per prosecution story, complainant filed a private complaint before the trial court by stating that on 6.8.2021 at about 3-4 pm appellants came on the spot and said that they will remove her Gumati from there and abused her in a filthy language and thereafter they thrown her gumati into the Nala and also threatened her for life and also said caste pointed words. The trial court after recording the statement under Section 200 Cr.P.C. registered complaint against the appellants under section 352 of IPC and section 3(1)(r), 3(1)(g), 3(1)(va) of

SC & ST Act.

3. Learned counsel for the appellants submits that the appellants are innocent persons and they have been falsely implicated in this offence. The complainant has encroached the land by installing Gumti adjacent to open Nala situated at land of appellants, during heavy rain and due to water flow, gumti of complainant washed away in water and blame is being put by complainant on present appellants which is false. There is old rivalry between appellants and complainant. Complainant tried to trespass over the appellant's agricultural land, therefore, appellants alongwith other people of the village filed the complaint before the revenue authorities for removal of encroachment. He has placed reliance upon judgment of Hon'ble Apex court in the matter of Dr. Subhash Kashinath Mahajan Vs. State of Maharashtra reported in (2018) 6 SCC 454 in which it has been held that "no absolute bar against grant of anticipatory bail in cases under Atrocities Act if any prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie malafide." Under the above circumstances, prayer for grant of bail may be considered on such terms

and conditions, as this Court deems fit and proper.

4. Per contra, learned counsel for the respondent / State opposes the criminal appeal and prays for its rejection.

5. Counsel for objector also opposes the prayer by submitting that there is specific allegation regarding caste pointed words. Both the appellants know that complainant is member of SC/ST Tribe, therefore, as per order dated 4.6.2020 passed by the Coordinate Bench in CRi.A. No. 3230/2020 prima facie offence is made out against the appellants and they do not deserve for anticipatory bail.

6. Perused the impugned order of the trial Court as well as the case diary.

7. After considering all the facts and circumstances of the case, nature and gravity of offence, arguments advanced by the learned counsel for the appellants and also taking note of the fact that trial court after recording the statement of witness under section 200 and 202 of Cr.P.C. registered a case against preset appellants. At this stage this court cannot direct for roaming enquiry regarding the validity of the order passed by the trial court in respect of registration of offence against the appellants. From perusal of the statements of complainant and other witnesses, it cannot be said that no prima facie evidence is available against the present appellants. Section 18 of SC/ST Act specifically

provides prohibition for anticipatory bail in the said offence.

8. In view of the evidence available on record, this court is not inclined to grant anticipatory bail to appellants. Hence this criminal appeal filed by appellants is hereby rejected.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ