Om Prakash Sahu vs State Of M.P. & Anr

The appellant has filed this criminal appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 18.08.2020, passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Guna, whereby, bail application under Section 438 of Cr.P.C. of appellant has been rejected.

Appellant is apprehending his arrest in connection with Crime No.248/2020 registered at Police Station Kotwali, District Guna, for the offence punishable under Sections 323, 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, 1989 It is the submission of learned counsel for the appellant that appellant is the landlord of a house in which two tenants live, out of which one tenant is present complainant. When two tenants fought with each other, then as the landlord he tried to intervene in the matter and settle the matter between them, but being infuriated by the same, complainant party complained against him. He is aged 65 years, and therefore, confinement may bring social disrepute and personal inconvenience. Even otherwise, no role is attributable over present appellant so far as the allegations under the Atrocities Act are concerned. It was purely a dispute between two tenants. Since charge-sheet has already been filed, therefore, he be given some breathing time to appear before the trial Court to seek regular bail. He relied upon the judgment of Apex Court in the case of Bharat Chaudhary and another v. State of Bihar and another, AIR 2003 SC 4662 and judgments of this Court in the cases of Atendra Singh Rawat vs. State of M.P., 2019(2) M.P.L.J.(Cri.) 481, Puspa Bai Vs. State of M.P., 2019(2) M.P.L.J. (Cri.) 88 and M.Cr.C. No.5621/2020 (Balveer Singh Bendela vs. State of M.P. decided on 12.5.2020. He undertakes to perform community service and to serve national/environmental cause voluntarily. On such premises, prayer for anticipatory bail has been made.

On the other hand, learned Panel Lawyer for the State opposed the bail application and prayed for its rejection.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Looking to the age of the appellant primarily and the fact that cross-case has also been registered by another tenant against the complainant, and therefore, looking to the fact situation of the case, but without expressing any opinion on merits of the case, this Court is inclined to grant anticipatory bail to the extent of ten days from today for seeking regular bail in the following terms. It is hereby directed that in the event of arrest, appellant shall be released on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency and he will have to install Arogya Setu App.

This order will remain operative for a period of ten days subject to compliance of the following conditions by the appellant :-

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

The appellant will cooperate in the investigation/trial, as the case may be;

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 adjournment during the trial;

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

The appellant will inform the SHO of concerned police station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station for information.

As per the undertaking given by the appellant, he shall deposit Rs.5,000/- in Army Central Welfare Fund having A/C No.520101236373338 of Corporation Bank, Chandani Chowk Delhi, within a period of one month from the date of this order.

This anticipatory bail is given in the facts and circumstances of the case for ten days and appellant shall have to appear before the trial Court and shall have to seek regular bail and said regular bail shall be decided on its own merits without being influenced by any observation of this Court.

E- copy of this order be sent to the trial Court concerned for compliance, if possible from the office of this Court.

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