Gulam Hussain vs State Of Madhya Pradesh

Heard with the consent.

The present 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 25.4.2019 passed by the Special Judge SC & ST Act, Dewas, whereby the application of the appellants under Section 438 of Cr.P.C.

seeking anticipatory bail has been rejected in connection with Crime No.180/2019, registered at Police Station Bagli, District Dewas, for the offence

punishable under Section 306 of IPC and under Section 3(2)(v) of SC/ST Act.

As per prosecution story, deceased Balibai committed suicide after consuming poison as she was being derided by the applicants and other co-

accused who used to taunt her call her as a woman with contorted face and also called her exorcist. The deceased was suffering from mouth cancer,

which has resulted in dis-figuration of face and she has been constantly ridiculed by the appellants.

Learned counsel for the appellants submits that the appellants have been falsely implicated. He also submits that there is no allegation regarding

taunting or abusing the deceased by the appellants in the name of her caste and submitted that the provisions of SC and ST (Atrocities) Act are not

applicable.

Per contra, in the objection, it has been mentioned that the deceased was being constantly harassed before committing the suicide, which had resulted

in her filing three complaints before the police against the accused persons. The copies of those complaints have been filed for perusal of this court.

Learned counsel for the appellants submits that in the first of these complaints filed there is no seal of police station. The complaint is dated 17.7.2016

and submits that in other two complaints which have been placed on record, which bears the seal of police, the name of the appellants namely Gulam

Hussain and Afsar do not figure. Learned counsel for the appellants has submitted that the husband of the deceased being a police officer was himself

involved in cruelty towards the deceased as she had been disfigured because of mouth cancer and because of the harassment meted out by her

husband she has committed suicide.

The first question is whether in view of the provision of Section 18 A(2) of the Atrocities Act, can anticipatory bail be still be granted in such matter or

not. Learned counsel for the appellants has submitted a citation of Co-ordinate Bench at Gwalior passed in Criminal Appeal No.7295/2018 dated

11.10.2018 wherein reliance has been placed on the judgment of the Apex court in the case of Dr. Subhash Kashinath Mahajan V/s. State of

Maharashtra & Anr. reported as (2018) 6 SCC 454. Para 79.2 is relevant which reads as under :-

79.2. There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on

judicial scrutiny the complaint is found to be prima facie mala fide. We approve the view taken and approach of the Gujarat High Court in Pankaj D.

Suthar (supra) and Dr. N.T. Desai (supra) and clarify the judgments of this court in Balothia (supra) and Manju Devi (supra);

Thus, relying upon these observations of the Apex Court as also considering the scope and ambit of Section 26 of IPC, which defines ""reason to

believe"" which again has been explained in number of Apex court judgments as pointed out in the order of the Co-ordinate Bench, the application for

grant of anticipatory bail was allowed.

Considering the above submissions, there is no reason to take contrary view in view of the Apex court judgment as mentioned above on which the

order of the Co-ordinate Bench is based.

After due consideration, it appears that the appellants have been able to make out a case for grant of anticipatory bail in this matter. Consequently,

without expressing any opinion on merits of the case, appeal is allowed and it is directed that in the event of arrest, the appellants shall be released on

bail on furnishing a personal bond in the sum of Rs.50,000/- with one solvent surety of the like amount to the satisfaction of the Arresting Authority /

Investigating Authority.

This order shall remain operative subject to compliance of the following conditions by the appellants :-

(1) The appellants shall comply with all the terms and conditions of the bond executed by them;

(2) The appellants shall co-operate in the investigation/trial, as the case may be;

(3) The appellants shall not indulge themselves 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 appellants shall not commit an offence similar to the offence of which they are accused;

(5) The appellants shall not seek unnecessary adjournments during the trial; and

(6) The appellants shall not contact the complainant through any means and shall not move in her vicinity/proximity in any manner.

(7) The appellants shall not make any inducement, threat or promise to the complainant or to any person acquainted with the facts of the case so as to

dissuade him from disclosing such fact to the court or police officer.

A copy of this order be sent to the court concerned for compliance.

C.c. as per rules.