Hariom vs State Of M.P

Rajeev Kumar Shrivastava, J

I.A. No.18428/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Present appeal has been filed under Section 14-(A) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 22/09/2020 passed by Special Judge (Atrocities), Guna, whereby the application of the appellant under Section 438 of Cr.P.C. seeking bail has been rejected.

Appellant is apprehending his arrest for the alleged offences registered at Crime No.619/2020 at Police Station Aron, District Guna, punishable under Sections 354, 294, 323, 34 of IPC and Sections 3(1)(w)(i), 3(2)(va), 3(1)(r), 3(1)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "SC/ST Act").

Learned counsel for the appellants submits that the applicant has not committed any offence. The appellant has been falsely implicated in the case. The appellant is a reputed citizen of the locality and if he be sent to jail then his social reputation would get disrepute. It is further submitted that present appellant is not the main accused of this case and no case under SC/ST Act is made out against him. It is also submitted that investigation and thereafter trial will take its own time due to present COVID-19 condition. It is further submitted that appellant is ready to abide by any condition which may be imposed by this Court. Hence, prayed to allow present appeal and grant anticipatory bail to the appellant.

Learned State counsel has vehemently opposed the appeal and has submitted that offence has been committed by the appellants under Sections 354, 294, 323, 34 of IPC and Sections 3(1)(w)(i), 3(2) (va), 3(1)(r), 3(1)(s), which is grievous in nature. Hence, prayed not to grant benefit of anticipatory bail to the appellant.

Heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case and without commenting on merits of the case, the appeal is allowed. It is hereby directed that in the event of arrest the appellant namely, Hariom shall be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/ Investigating Officer.

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

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

The appellant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant shall not commit an offence similar to the offence of which he is accused;

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

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

E-copy of this order be sent to the Court concerned for compliance.

Certified copy/ e-copy as per rules / directions.