Teekaram Baghel vs The State Of Madhya Pradesh
2023 Latest Caselaw 8779 MP

                                                                 1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                  ON THE 14 th OF JUNE, 2023
                                             CRIMINAL APPEAL No. 7075 of 2023

                          BETWEEN:-
                          TEEKARAM BAGHEL S/O SHRI TORAN SINGH BAGHEL,
                          AGED ABOUT 43 YEARS, SHYAM GALI MANDI ROAD
                          ARON DISTRICT GUNA (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (SHRI SATYENDRA SINGH RAJPUT-ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH INCHARGE
                                POLICE STATION THROUGH POLICE STATION
                                ARON DISTT GUNA (MADHYA PRADESH)

                          2.    SIRNAM SINGH AHIRWAR S/O SHRI RAMSINGH
                                AHIRWAR GRAM HUSENPUR P.S. ARON GUNA
                                (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI RAMADHAR CHOUBEY - PUBLIC PROSECUTOR)

                                This appeal coming on for admission this day, th 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 08.05.2023 passed by Special Judge, Guna, 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: 6/15/2023 10:24:18 AM

No.592/2021 registered at Police Station- Aron, District- Guna (M.P.) in relation to the offence punishable under Sections 323, 294, 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 appellant 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 their 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 08.05.2023, it is directed that in the event of arrest, appellant be released on bail o n 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. Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/15/2023 10:24:18 AM

Appeal stands allowed and disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) JUDGE ojha

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 6/15/2023 10:24:18 AM