Madhya Pradesh High Court
Jayraj Singh Rajput vs The State Of Madhya Pradesh on 5 May, 2025
Author: Prem Narayan Singh
Bench: Prem Narayan Singh
NEUTRAL CITATION NO. 2025:MPHC-IND:11786
1 CRA-4259-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PREM NARAYAN SINGH
ON THE 5 th OF MAY, 2025
CRIMINAL APPEAL No. 4259 of 2025
JAYRAJ SINGH RAJPUT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Lucky Jain, Advocate for the appellant.
Shri Virendra Khadav, Government Advocate for the
respondent/State.
ORDER
The present appeal has been by the appellant under Section 14-A(2) of
the SC/ST (Prevention of Atrocities) Act, 1989 against the order dated
22.04.2025, passed by Special Judge SC/ST Act, Indore, whereby learned
Special Judge has rejected the application for anticipatory bail in connection
with FIR/Crime No.171/2025, dated (not mentioned) registered at Police
Station-Tejaji Nagar, District-Indore (MP) for the offence u/S 108 of BNS
alongwith Section 3(2)(v) of the SC/ST (Prevention of Atrocities Act), 1989
with the finding that there is prima-facie case against the appellant
punishable under the offences.
2. Learned counsel for the appellant has submitted that the appellant is
innocent and has falsely been implicated in the case. It is submitted that in
this case, earlier anticipatory bail was granted to the appellant u/S 108 of
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2 CRA-4259-2025
BNS but later on, when it was found that the deceased belonged to Scheduled
Caste category, then provisions of the SC/ST Act have been added and
thereafter, appellant has filed another application for anticipatory bail but the
Trial Court basing on the provisions of Section 18 of the SC/ST Act rejected
the anticipatory bail application hence, the appellant has approached this
Court seeking anticipatory bail.
3. Learned counsel for the appellant further submits that since no
prima-facie case is made out against the appellant therefore, provisions of
Section 18 of the SC/ST Act cannot be applicable. On this aspect, counsel
has relied upon the orders passed by the Apex Court in the case of Deepak
Kumar Vs. State of Andhra Pradesh and Ors. (Criminal Appeal
No.1471/2025 dated 25.03.2025) and Shajan Skaria Vs. The State of Kerala
and Ors. (Criminal Appeal No.26//2024 dated 23.08.2024). He further
submits that since prima-facie, no case is made out against the appellant
therefore, bar of Section 18 of the SC/ST Act cannot be applicable.
4. On the other hand, learned counsel for the State has opposed the
appeal and submitted that as per case diary, prima-facie case is made out
against the appellant u/S 108 of BNS and 3(2)(v) of the SC/ST Act. He has
also submitted that as per FIR, appellant has not married the deceased only
due to her caste even after having relationship with her since 1-1/12 years.
In this regard, three videos have also been recorded. Since prima-facie case
is made out against the appellant, the appeal is liable to be rejected.
5. Before considering rival submissions of both the parties, the
provision of Section 18 and 18-A of the Act is worth to refer here:-
" 18. Section 438 of the Code not to apply to persons committing
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3 CRA-4259-2025
an offence under the Act.--Nothing in section 438 of the Code
shall apply in relation to any case involving the arrest of any
person on an accusation of having committed an offence under
this Act.
18-A No enquiry or approval required (1) For the purposes of this
Act,--(a)preliminary enquiry shall not be required for registration
of a First Information Report against any person; or
(b)the investigating officer shall not require approval for the arrest,
if necessary, of any person, against whom an accusation of having
committed an offence under this Act has been made and no
procedure other than that provided under this Act or the Code shall
apply.
(2) The provision of Section 438 of the Code shall not apply to a
case under this Act, notwithstanding any judgment or order or
direction of any Court. "
6. In view of the law laid down by the Apex Court in the case of
Deepak Kumar (supra) and Shajan Skaria (supra) at this stage, this Court is
of the considered opinion that there is no reasonable ground to reach at the
conclusion that no prima facie case against the appellant is made out.
Accordingly, since there is a prima facie case under Section 108 of BNS and
Section 3(2)(v) of SC/ST Act against the appellant, then the anticipatory bail
cannot be granted to the appellant. Hence, the finding of learned Trial Court
is affirmed and the appeal is hereby dismissed.
7. It is directed that the learned Trial Court should not be influenced by
the observation of this Court passed in this appeal while passing any
order/judgment in future.
(PREM NARAYAN SINGH)
JUDGE
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