Anand Sharma vs The State Of Madhya Pradesh
2023 Latest Caselaw 1761 MP

                                                              1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                               ON THE 31 st OF JANUARY, 2023
                                             CRIMINAL APPEAL No. 1719 of 2023

                          BETWEEN:-
                          ANAND SHARMA S/O SHRI RAMPRAKASH, AGED
                          ABOUT 42 YEARS, OCCUPATION: GOVT. SERVICE VILL.
                          SAINTHRI P.S THARET INDERGARH DATIA (MADHYA
                          PRADESH)

                                                                                         .....APPELLANT
                          (SHRI YASH SHARMA, LEARNED COUNSEL FOR APPLICANT)

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION P.S. THARET DATIA (MADHYA
                                PRADESH)

                          2.    COMPLAINANT IN CRIME NO. 142/2022 POLICE
                                HEAD QUARTER S POLICE STATION THARET
                                DISTT. DATIA (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                          (SHRI ANIL SHUKLA, LEARNED PUBLIC PROSECUTOR FOR STATE)

                                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 07.01.2023 passed by Special Judge, Datia, District Datia 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 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 31-Jan-23 6:10:07 PM

No.142/2022 registered at Police Station- Tharet, District- Datia (M.P.) in relation to the offence punishable under Sections 294, 323, 506, 34 of IPC and section 3(1)(d)(dha) of SC/ST Act.

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. After investigation, charge-sheet in the matter has been filed. 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 07.01.2023, 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 Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 31-Jan-23 6:10:07 PM

conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Appeal stands allowed and disposed of.

Certified copy/ e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 31-Jan-23 6:10:07 PM