Mona Cristeena And Others vs State Of Madhya Pradesh And Others

Sanjeev S Kalgaonkar, J

The appellants have filed this first criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 05-12-2023 passed by Special Judge (Atrocities), Guna rejecting application for anticipatory bail filed under Section 438 of Cr.P.C.

The appellants apprehend their arrest in connection with Crime No. 916 of 2023 registered by Police Station Kotwali, District Guna (M.P.) for offences punishable under Sections 323, 324, 294, 506, 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

As per the case of prosecution, Nilesh Jatav, aged 23 years, reported to PS Guna Kotwali that on 25-10-2023 around 06:30 in the evening he was sitting on the courtyard of his house. Mona Ishai (appellant No.1), Boby Ishai, Ankit Ishai (appellant No.3) and Raju Ishai (appellant No.2) came there and started abusing in filthy language with referring to his caste. As he objected to abuses, Ankit Ishai assaulted him with knife. His left ear was injured. Bobi assaulted him with lathi. Raju gave kick on his abdomen. Bobi also slapped him. His brother Neeraj and mother Sagun Bai tried to rescue him. Accused assaulted them. They also sustained injuries. On such allegations, PS Guna Kotwali registered FIR at Crime No. 916 of 2023 for offences punishable under Sections 294, 323, 324, 506, 34 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against appellants Mona, Bobi, Ankit and Raju. On completion of investigation, final report was submitted on 22-11-2023.

Learned counsel for the appellants, in addition to the grounds mentioned in the appeal, submits that despite cooperating in the investigation, Investigation

Officer had filed charge sheet without giving any intimation to the appellants to appear before the trial Court. The appellants are apprehending their arrest as they could not appear before the trial Court on the date of cognizance. Learned counsel further submits that intimation does not contain the date of issuance as well as date of appearance of appellants before the trial Court with regard to filing of charge-sheet. Learned counsel submits that no offence punishable u/s 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act is made out against the appellants. There is no likelihood of their absconsion leaving behind their family and home. Final Report has been submitted, therefore, there is no likelihood of tampering with the evidence. Trial would take time to conclude. Therefore, appellants may be extended the benefit of anticipatory bail.

Per contra, learned counsel for State opposes the anticipatory bail and submits that after issuance of notice, the appellants did not appear before the trial Court at the time of filing of charge sheet.

Heard learned counsel for both the parties and perused the case diary. Considering the arguments advanced by both the parties as well as direction given by Hon'ble Apex Court in the case of Satendra Kumar Antil Vs CBI, 2021 SCC Online SC 922, but without expressing any opinion on merits of the case, this Court is inclined to allow this appeal. The order dated 05-12-2023 is set-aside and it is directed that in the event of arrest of appellants, appellants MONA CRISTEENA, RAJU TYLORE A N D ANKIT @ CLIMENT shall be released on bail in relation to Crime No. 916 of 2023 registered by Police Station Kotwali, District Guna (M.P.) for offences punishable under Sections 323, 324, 294, 506, 34 of IPC and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act upon furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each, with one solvent surety each of the same amount to the satisfaction of the officer making arrest/trial Court, for compliance with the following conditions:

(1) Appellants shall remain present on every date of hearing as may be directed by the concerned Court;

(2) Appellants shall not commit or get involved in any offence of similar nature;

(3) Appellants shall not directly or indirectly make any inducement, threat o r 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;

(4) Appellants shall not directly or indirectly attempt to tamper with the evidence or allure, pressurize or threaten the witness;

(5) During trial, the applicants shall ensure due compliance of provisions of Section 309 of Cr.P.C. regarding examination of witnesses in attendance;

This order shall be effective till the end of trial. However, in case of breach of any of the pre-condition of bail, it shall become ineffective without reference to the Court.

C.C. as per rules.