Madhya Pradesh High Court
Madhya Pradesh Pollution Control Board vs M/S. Cox India Ltd. on 6 June, 2016
MCRC-9062-2010
( MADHYA PRADESH POLLUTION CONTROL BOARD Vs M/S. COX INDIA LTD.)
06-06-2016
Shri Ajay Kumar Jain, counsel for the applicants.
Shri R.N. Yadav, Panel Lawyer for the respondent/State.
Heard on this first application for anticipatory bail under Section 438 of the Code of Criminal Procedure filed on behalf of the applicants Anil Kumar, Anuj Kumar and Amit Kumar Jain in crime no.58/2016, registered by P.S. Patera, District Damoh, under Sections 294 and 323 read with Section 34 of the IPC and Sections 3(2)(5) and 3(1)(d) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1984.
As per the prosecution case, following an altercation regarding competition between the auto-rikshaw drivers, applicants/accused persons caused simple injuries to the complainant Rakesh, Mukesh and Rammilan. Since, the complainant belongs to the Bedia Scheduled Tribe, the offences under Scheduled caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 have also been registered.
A perusal of the case diary reveals that there is nothing to suggest that the injuries were caused and abuses were hurled because the complainants belonged to a Scheduled Tribe; as such, prima-facie, the offences 3(2)(5) and 3(1)(d) of Scheduled Castes and Scheduled Tribes Act, are made out. The offences under Sections 294 and 323 read with Section 34 of the IPC are bailable. There is also a counter case registered against the complainants.
Though, the application has been opposed by learned penal lawyer, taking into consideration aforementioned circumstances cumulatively, in the opinion of this Court, the applicants are entitled to be released on anticipatory bail.
Consequently, the application is allowed. It is directed that in the event of their arrest, the applicants shall be released on anticipatory bail on their furnishing a personal bond in the sum of Rs.30,000/- (Thirty Thousand Only) and a solvent surety each in the same amount to the satisfaction of the Arresting Officer for their appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-Section (2) of Section 438 of the Cr.P.C.
C.C. as per rules.
(C.V. Sirpurkar) V. Judge () JUDGE