Shambhu Singh Raghuvanshi & Another vs State Of M.P

S.A.Dharmadhikari, J

At the outset, learned counsel for the State apprised this Court that respondent no.2 has been informed with regard to pendency of this appeal as required under section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act").

This appeal has been preferred under section 14A(2) of the Act against the impugned order dated 13.09.2021 passed by Special Judge (under the Act), Guna, whereby appellants' application under Section 438 of the Code of Criminal Procedure has been rejected by the Court below.

Appellants apprehend arrest in connection with Crime No.791/2021 registered at Police Station Cantt, District Guna for the offences punishable under Sections 294, 323, 506, 34 of the IPC, and sections 3(1)("da"), 3(1)("gha") and 3(2)(va) of the Act.

Allegations against the appellants, in short, are that on 4/9/2021, at about 10 AM, when the complainant was standing outside his shop, at that time his neighbour viz. the applicants came there and, due to previous enmity, started abusing him filthily. On being objected to, applicant Amit caught hold of him and both of them beat him due to which he received injuries.

Learned counsel for the appellants submits that appellants have falsely been implicated in the case. Except for the offences under the Act, the other offences are bailable in nature. Even the injuries received are simple in nature. There is no specific allegation with regard to hurling caste related abuses in public view so as to attract the provisions of the Act. There is no likelihood of their absconsion or tampering with the prosecution evidence and they are ready and willing to abide by the terms and conditions as may be imposed by this Court. With the aforesaid submissions prayer for grant of anticipatory bail is made.

On the other hand, learned counsel for the State opposed the prayer for grant of bail.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the appellants.

It is hereby directed that in the event of arrest of each one of the appellants namely Shambhu Singh Raghuvanshi and Amit Singh, he shall be released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting Authority. The appellants shall also furnish a written undertaking that they will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

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

The appellants shall install Aarogya Setu App (if not already installed) in their mobile phones.

The appellants will comply with all the terms and conditions of the bond executed by them;

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

The appellants will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellants will not seek unnecessary adjournments during the trial;

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

If any the appellants commits any offence while being on anticipatory bail, then this order, so far as it relates to that appellant, shall automatically stand cancelled without reference to the Court.

Accordingly the appeal is allowed and the impugned order is hereby set aside.

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