Sunita Bai vs State Of M.P

Anand Pathak, J

The appellant has filed this criminal appeal under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 06.03.2021, passed by 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 her arrest for the offence registered vide Crime No.1239/2020, at Police Station Cantt, District Guna punishable under Sections 341, 294, 352, 506 of IPC and Section 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 except offence under the special statute, all other offences are bailable in nature. Allegation indicate an improbable event. Even otherwise, dispute arose because of the fact that complainant gave the contract of cultivation (vncVkbZ) to somebody else. Appellant being a lady aged 40 years apprehending her arrest on the basis of registration of offence as referred above without any criminal record. Appellant is facing implication on false pretext and no such events occurred at all. Confinement would bring social disrepute and personal inconvenience. She undertakes to cooperate in the investigation/trial and make herself available as and when required by the trial Court. Counsel for the appellant further referred the order passed in CRA.No.7295/2018 (Atendra Singh Rawat Vs. State of M.P.) rendered in 2019 (2) MPLJ (Cri) 481. Accordingly, prayer for anticipatory bail has been made.

Learned Public Prosecutor for the State opposed the bail application and prayed for its rejection.

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

Considering the submissions as well as the argument advanced by the counsel for the applicant, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal and impugned order dated 06.03.2021 is set-aside in the following terms. It is hereby directed that appellant shall be released on bail on furnishings 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. This order will remain operative 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 her;

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

The appellant will not indulge herself 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 she 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; and shall cooperate in the investigation/trial.

Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

Certified copy as per rules/directions.