Innayat Khan vs State Of Mp

Submissions were made on this criminal appeal filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act for anticipatory bail.

Appellant - Innayat Khan S/o Bashir Khan is implicated in Crime No.180/2018 registered at Police Station Bagli, District Dewas for the offence punishable under Section 306 of IPC along with 3(2) (v) of the SC/ST (Prevention of Atrocities) Act.

As per prosecution story, one Balibai Bhati had been constantly harassed and derided by the appellant and other co-accused persons as Balibai suffered from contortions on her face due to ill effects of cancer in her mouth and being not able to tolerate derision, she committed suicide and anticipatory bail has been sought by the appellant.

As far as maintenance of anticipatory bail is concerned, submissions were made.

This Court while considering the bail on behalf of co-accused Gulam Hussain in its order dated 08.07.2019 passed in Cr. A. No.4230/2019 has taken into account the Apex Court judgement of Dr. Subhash Kashinath Mahajan vs. State of Maharashtra & another, 2018 (6) SCC 454 and had observed that the appellant was able to make out a case for grant of anticipatory bail and he can be afforded the benefit of anticipatory bail.

Learned counsel for the appellant submits that there is no document on record to show that the deceased had lodged any complaint against the appellant on the ground that she was being derided due to ill physical abnormality.

Learned counsel for the complainant has pointed towards copies of the complaint made against the appellant. There are four such complaints and as far as fourth complaint is concerned, there is no mention regarding derision of the deceased due to her physical abnormality.

To this, learned counsel for the appellant submits that this complaint has not been submitted before the Station House Officer to whom the complaint was addressed. The fact that this was not submitted before the SHO has not been controverted in this matter. In the third complaint dated 21.12.2016, which has been filed by Ramlal, husband of deceased, there is no mention of derision by the appellant or other co-accused persons on the ground of physical abnormality of deceased. The other two complaints which are placed on record also does not contain such statements. Thus, there is a dearth of any material in these complaints which have been received by the concerned SHO regarding making of uncalled for comments tending to deride deceased on account of her facial contortions due to cancer. Thus, a case is made out for anticipatory bail in this matter.

On due consideration, without expressing any opinion on the merits of the case, I allow the bail application and it is directed that in the event of arrest, the appellant - Innayat Khan shall be released on bail subject to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Authority with a direction that he will cooperate in trial and present himself regularly before the Arresting Officer. The appellant shall appear before the concerned Station House Officer on 05.09.2019 and on all further dates as may be given in the matter. Incase, he is found absent without any sufficient cause on any dates, then the bail order passed by this Court shall automatically come to an end without reference to the Court.

With the aforesaid, the criminal appeal stands disposed of.

Certified copy as per rules.