Satish Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 3140 MP

                                                               1
                             IN     THE       HIGH COURT OF MADHYA PRADESH
                                                    AT GWALIOR
                                                      BEFORE
                                   HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                ON THE 21 st OF FEBRUARY, 2023
                                              CRIMINAL APPEAL No. 2636 of 2023

                            BETWEEN:-
                            SATISH YADAV S/O SHRI VIJAY SINGH YADAV, AGED
                            ABOUT 30 YEARS, VILLAGE BADAGAON MURAR
                            DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                               .....APPELLANT
                            (MR. KULDEEP THAPAK - ADVOCATE)

                            AND
                            THE STATE OF MADHYA PRADESH THROUGH POLICE
                            STATION BIJOLI DISTRICT GWALIOR (MADHYA
                            PRADESH)

                                                                                          .....RESPONDENTS
                            (MR. SUSHANT TIWARI- PUBLIC PROSECUTOR)

                                  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

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 03.02.2023 passed by Special Judge (Atrocities) Gwalior, District Gwalior whereby the application of the appellant under Section 438 of Cr.P.C. for grant of anticipatory bail has been rejected.

T h e appellant apprehends his arrest in connection with Crime No. 209/2022 registered at Police Station- Bijoli, District- Gwalior (M.P.) in relation to the offence punishable under Sections 447, 294, 506, 34 of IPC and section

Signature Not Verified 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act. Signed by: VIJAY TRIPATHI Signing time: 2/21/2023 4:18:15 PM

Learned counsel for the appellant/accused submits that applicant is innocent and has been falsely implicated in the case. It is further submitted that during investigation, present appellant/accused was 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)]. Applicant has fully co-operated with the investigating agency. There is no likelihood of his absconsion. It is further submitted that the appellant is the reputed citizen of the society and if he is sent to jail then his 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 03.02.2023, it is directed that in the event of arrest, appellant 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 appellant shall co-operate in the trial and shall regularly appear before the trial court as and when required. He 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.

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/21/2023 4:18:15 PM

(DEEPAK KUMAR AGARWAL) JUDGE Vijay

Signature Not Verified Signed by: VIJAY TRIPATHI Signing time: 2/21/2023 4:18:15 PM