Lal Singh vs State Of M.P. & Another

Rajeev Kumar Shrivastava, J

I.A. No.6934/2020, an application for urgent hearing, is taken up, considered and allowed for the reasons mentioned therein.

Present criminal appeal has been filed under Section 14-(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

against the order dated 17/02/2021 passed by Special Judge (Atrocities), Bhind, 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.06/2021 at Police Station Gohad, District Bhind, punishable under

Sections 458, 323, 294, 506, 34 of IPC and Sections 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 Actâ€​).

Learned counsel for the appellant- Lal Singh has submitted that the appellant has not committed any offence. He has been falsely implicated in the

case. Appellant is a reputed citizen of the locality and if he is sent to jail then his social reputation would get disrepute.

It is further submitted that applicant is also a member of Scheduled Caste, therefore, no case is made out under sections 3(2)(va), 3(1)(r), 3(1)(s) of

the SCST Act. It is also submitted that present appellant is on same footing as of Gajendra Singh, who has already been granted anticipatory bail by

this Court vide order dated 17/02/2021 passed in Cr.A. No.661/2021. It is further submitted that the 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 as well as learned counsel for the complainant have vehemently opposed the appeal and has submitted that offence has been

committed by the appellants under Sections 458, 323, 294, 506, 34 of IPC and Sections 3(2)(va), 3(1)(r), 3(1)(s) of SC/ST Act, which is grievous in

nature. It is further submitted that the case of present appellant is not based on parity as the present appellant is the accused who caused injury on the

head of the victim using butt of the Katta. It is also submitted that there are two criminal antecedents against the present appellant. 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, Lal Singh 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 them 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.