Shashi Kapoor Gautam vs The State Of Madhya Pradesh
2023 Latest Caselaw 1532 MP

                                                                1
                                 IN    THE      HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                   ON THE 27 th OF JANUARY, 2023
                                                CRIMINAL APPEAL No. 1252 of 2023

                                BETWEEN:-
                                SHASHI KAPOOR GAUTAM S/O LATE SHRI DAMODAR
                                PRASAD   GAUTAM, AGED ABOUT 50 YEARS,
                                OCCUPATION: PRINCIPAL GOVT. HIGH SCHOOL
                                BICHCHUA, KATNI TAHSIL AND DISTRICT KATNI
                                (MADHYA PRADESH)

                                                                                          .....APPELLANT
                                (BY SHRI MANTOSH MISHRA - ADVOCATE)

                                AND
                                THE STATE OF MADHYA PRADESH THROUGH POLICE
                                STATION AJAK KATNI DISTRICT KATNI (MADHYA
                                PRADESH)

                                                                                         .....RESPONDENT
                                (STATE BY SHRI SHIV KUMAR SHRIVASTAVA - GOVERNMENT
                                ADVOCATE)

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

This is first bail application in the shape of Criminal Appeal under Sectio n 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity "SC/ST Act") filed by the appellant apprehending his arrest in connection with Crime

Signature Not Verified No.10/2022 registered at Police Station AJK, District Katni for the SAN

Digitally signed by AMIT JAIN offence punishable under Sections 294, 323, 506 of the Indian Penal Date: 2023.01.27 19:11:07 IST

Code, 1860 (for brevity "I.P.C") and Sections 3(1)(s), 3(1)(r) & 3(2) ((v-a) of SC/ST Act.

Shri Mantosh Mishra, learned counsel for the appellant submits that appellant is a victim of discharging his duties faithfully. From the FIR, it is evident that there was no prior acquaintance between appellant and complainant. Appellant is a Principal of Government High School Bichhua, District Katni. The incident allegedly took place on 9.9.2022 whereas the FIR was lodged on 16.9.2022. Complainant is a Journalist and it is his blackmailing tactics. His allegation as made out from the

FIR is that he had screened certain news on television but when the department did not take any action, he was forced to record the present FIR. With a view to lodge FIR, the matters have been arbitrarily connected showing that earlier the incident took place on 9.9.2022 when unauthorizedly the complainant had entered the school premises with some incident, which took place at Bichhua Mod, District Katni on 15.9.2022. In the main incident, which took place on 9.9.2022, there are no allegations of making any castiest remarks but with a view to blame the applicant falsely, the castiest remarks have been added on 15.9.2022. Appellant is a Government Servant. If the benefit of anticipatory bail is not extended to the appellant in view of the decision of Hon'ble the Supreme Court in Prathvi Raj Chauhan versus Union

Signature Not Verified SAN of India & Others (2020) 4 SCC 727 then irreparable injury will be Digitally signed by AMIT JAIN Date: 2023.01.27 19:11:07 IST caused and it will jeopardize his career for a false implication. Under

such circumstances, prayer is made to release the appellant on anticipatory bail.

Shri Shiv Kumar Shrivastava, learned Government Advocate for the State though opposes the prayer of bail submitting therein that there are three cases pending against the appellant but Shri Mantosh Mishra, leaned counsel for the appellant submits that the appellant has been acquitted in all the three cases.

After hearing learned counsel for the parties and taking into consideration the fact of delay in lodging the FIR and keeping in view the judgment of Hon'ble the Supreme Court in Prathvi Raj Chauhan versus Union of India & Others (supra), I am of the opinion that this is a good case to extend benefit of anticipatory bail to the appellant.

Accordingly, without expressing any opinion on the merits of the case, this bail appeal is allowed. It is directed that subject to appellant Shashi Kapoor Gautam surrendering before the Investigating Officer within fifteen days from today and in the event of his arrest, he shall be released on bail on his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of the Arresting/Investigating Officer on the following conditions :-

(1) The appellant will comply with all the terms and conditions of the bond executed by him;

Signature Not Verified
                                            (2)        The a p p e l l a n t will   cooperate      in   the
  SAN




Digitally signed by AMIT JAIN
Date: 2023.01.27 19:11:07 IST

investigation/trial, as the case may be;

(3) The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The appellant shall not commit any offence during the period in which he is enlarged on bail;

(5) The appellant will not leave India without previous permission of the Trial Court/Investigating Officer, as the case may be;

(6) The appellant shall inform the Investigating Officer/Trial Court about his/her/their address and residence in case he moves out from his/her/their permanent address for any point of time;

(7) The appellant shall not contact any of the other accused persons in this case in any manner whatsoever.

Criminal Appeal No.1252/2023 is disposed of. Certified copy as per rules.

(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN

Digitally signed by AMIT JAIN Date: 2023.01.27 19:11:07 IST