Dr. Surendra Kumar Sharma vs State Of Madhya Pradesh And Others

Rajeev Kumar Shrivastava, J

This first criminal appeal under Section 14-A (2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (in short ""the

SC/ST Act"") has been filed against the order dated 17/12/2021 passed by Special Judge (SC/ST Act), Gwalior, whereby the anticipatory bail

application of the appellant has been rejected.

The appellant apprehends his arrest in connection with Crime No.720/2018 registered at Police Station Morar, District Gwalior for offence under

Sections 420, 467, 468, 469, 120-B and 409 of IPC and Section 3 (2) (5) of the SC/ST Act.

It is submitted by learned counsel for appellant Surendra Kumar that the appellant has been falsely implicated. He has not committed any offence. Co-

accused P.D. Shakya has already been granted anticipatory bail by Co-ordinate Bench of this Court by order dated 28/9/2021 and case of the present

appellant is also on the same footings. Hence, prayed for grant of anticipatory bail to the appellant.

Per contra, learned State counsel vehemently opposed the appeal and prayed to reject the same.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that co-accused Surendra Kumar has already been granted bail, without commenting upon the merits of the case, the application

is allowed and it is hereby directed that in the event of arrest, present appellant be released on bail on his furnishing a personal bond in the sum of

Rs.50,000/- (Rupees Fifty Thousand only) with two solvent sureties of Rs.25,000/- each to the satisfaction of the Arresting Authority.

The appellant shall abide by all the terms and conditions enumerated under Section 438 (2) of CrPC and he shall cooperate in the investigation and in

trial and shall appear before the Investigating Officer as and when required.

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