Madhya Pradesh High Court
CRA/6488/2020 of AMAR SINGH ALIAS PAPPU DHAKAD Vs THE STATE OF MADHYA PRADESH on 31 December 2020
THE HIGH COURT OF
THE HIGH COURT OF MADHYA PRADESHCRA-6488-2020
[Amar Singh @ Pappu Dhakad vs. State of M.P. & Ors.]Gwalior, Dated 31/12/2020
Shri S.S. Rajput, learned counsel for the appellant.
Shri Rohan Sharma, leaned Panel Lawyer, for the respondentNo.1/State.
None for the respondent No.2.
I.A.No.25826/2020, an application for urgent hearing, istaken up, considered and allowed for the reasons mentioned therein.
Present appeal has been filed under Section 14-A(2) ofScheduled Castes and Scheduled Tribes (Prevention of Atrocities)Act, 1989 against the order dated 23/12/2020 passed by SpecialJudge (Scheduled Castes and Scheduled Tribes (Atrocities) Act,Guna, District Guna (M.P.) whereby the application of theappellant under Section 438 of Cr.P.C. has been rejected.
Appellant is apprehending his arrest for the alleged offencesregistered at Crime No.576/2020 at Police Station Dharnwada,District Guna (M.P.), punishable under Sections 323, 294 of IPCand Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castesand Scheduled Tribes (Prevention of Atrocities) Act, 1989. (forshort “the SC & ST Act”).
Learned counsel for the appellant- Amar Singh @ Pappu CRA-6488-2020
Dhakad submits that complainant along with some other personscame to applicant's field and they were digging soil without takingpermission of the applicant. When he stopped them by doing so, thecomplainants abused and assaulted the applicant and thereafter falseFIR has been lodged against the present applicant. The applicant isinnocent. He has not committed any offence in any manner. Now,investigation is complete and charge-sheet has been filed. Trial willtake its own time. He is ready and willing to abide by all theconditions which may be given by this Court. Hence prayed forgrant of bail. He further undertakes to abide by all the terms andconditions of guidance, circulars and directions issued by CentralGovernment, State Government as well as Local Administrationregarding measures in respect of COVID-19 Pandemic andmaintain hygiene in the vicinity while keeping physical distancing.
Learned State Counsel opposed the prayer and has submittedthat the case is registered under Sections 323, 294 of IPC andSection 3(1)(r), 3(1)(s) and 3(2)(va) of the SC & ST Act which areserious in nature. It is further submitted that there is overt act on thepart of the present applicant. Hence, prayed for rejection of thisCriminal Appeal.
Heard learned counsel for the parties at length through VideoConferencing and considered the arguments advanced by them and perused the record.
Considering the facts and circumstances of the case and alsoconsidering the fact that now investigation is complete and chargesheet has been filed, without commenting upon the merits of thecase, the appeal is allowed and it is hereby directed that in the eventof arrest, the applicant shall be released on bail on his furnishing apersonal bond of Rs.25,000/-(Rupees Twenty Five Thousandonly) with one solvent surety in the like amount to the satisfactionof the Arresting Officer/ Investigating Officer.
This order will remain operative subject to compliance of the following conditions by the applicant:-
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1. The applicant will comply with all the termsand conditions of the bond executed by him;
2. The applicant shall make himself availablefor interrogation by a police officer as and whenrequired. She shall further abide by the otherconditions enumerated in sub-Section (2) ofSection 438 of Cr.P.C.
3. The applicant will not indulge himself inextending inducement, threat or promise to anyperson acquainted with the facts of the case so as todissuade them from disclosing such facts to theCourt or to the Police Officer, as the case may be;
4. The applicant shall not commit an offencesimilar to the offence of which he is accused;
5. The applicant will not seek unnecessaryadjournments during the trial; and
6. The applicant will not leave India withoutprevious permission of trial Court/ InvestigatingOfficer, as the case may be.
E-copy of this order be sent to the Court concerned for compliance as well as e-copy of the order be given to the learnedState counsel with a direction to keep the same in the concernedcase-diary.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) V. Judge
pwn*Pawan Kumar 2021.01.04 11:36:19 +05'30'