Jitendra Gurjar vs The State Of Madhya Pradesh
2023 Latest Caselaw 8115 MP

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               IN THE HIGH COURT OF MADHYA PRADESH
                                      AT GWALIOR
                                          BEFORE

                      HON'BLE SHRI JUSTICE ANAND PATHAK

                               ON THE 22nd OF MAY, 2022

                      CRIMINAL APPEAL No. 6086 of 2023

       Between:-

       JITENDRA GURJAR S/O SH SUMER SINGH,
       AGED ABOUT 30 YEARS, OCCUPATION -
       (NOTHING) STUDENT R/O VILAGE SONAHEDA
       POLICE STATION CHACHODA, DISTRICT GUNA
       (MADHYA PRADESH)

                                                                          .....APPELLANT
       (BY SHRI ASHISH SINGH JADON -ADVOCATE)

       AND

1.     THE STATE OF MADHYA PRADESH
       THROUGH POLICE STATION CHACHODA
       DISTRICT GUNA (MADHYA PRADESH)

2.     COMPLAINANT/VICTIM THROUGH POLICE
       STATION   CHACHODA  DISTRICT GUNA
       (MADHYA PRADESH)

                                                                        .....RESPONDENTS

       (BY     SHRI         RAJENDRA         SINGH      YADAV       -    PUBLIC
       PROSECUTOR)
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       This appeal coming on for admission this day, the court passed the
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following:
                                   ORDER

Present appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 24-04-2023 passed by Special Judge (Atrocities), Guna whereby the application of the appellant under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected.

Appellant is apprehending his arrest for the offence registered vide Crime No.434/2022 at Police Station- Chachoda District Guna for the offence punishable under Sections 323, 294, 506 of IPC and Section 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is submitted by learned counsel for the appellant that he is apprehending his arrest on the basis of registration of false case referred above. Except offence under the Atrocities Act, all other offences are bailable in nature. It is further submitted that appellant was given the benefit of Section 41-A of Cr.P.C. and he participated in investigation and now charge-sheet is being filed. Therefore, he is apprehending is arrest. He relied upon the judgment of this Court in the matter of Atendra Singh Rawat Vs. State of Madhya Pradesh and another, 2019 (2) MPLJ (Cri) 481 to submit that anticipatory bail under the provision of Atrocities Act is maintainable. He further relied upon the judgment of Satendra Kumar Antil Vs. Central Bureau of Investigation and another, (2022) 10 SCC 51. Appellant undertakes to cooperate with the investigation/police/trial Court and would not be not be a source of embarrassment or harassment to the complainant in any

manner. Under these grounds, he prays for temporary bail.

Learned Public Prosecutor for the respondent No.1/State opposed the submission and prayed for dismissal of appeal.

Heard learned counsel for the parties at length and perused the documents appended thereto.

Considering the submissions advanced by learned counsel for the parties and the fact that appellant participated in investigation and charge-sheet has been filed and further looking to the mandate of the Apex Court in the case of Satendra Kumar Antil (supra), but without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal and impugned order dated 24-04-2023 is set aside. It is hereby directed that in the event of arrest, the appellant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority/ Investigating Authority.

This order will remain operative subject to compliance of the following conditions by the appellant :-

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

2. The appellant will cooperate in the 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/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant shall not commit an offence similar to the offence of

which he is accused;

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. Appellant shall not be source of embarrassment and harassment to the complainant party in any manner and shall not move in their vicinity.

Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for information and necessary compliance.

Certified copy as per rules.

(Anand Pathak) V.Judge Anil*

ANIL KUMAR CHAURASIYA 2023.05.23 10:38:37 +05'30'