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Madhya Pradesh High Court

J.P. @ Jitendera Pratap Singh vs The State Of Madhya Pradesh on 23 March, 2022

Author: Sanjay Dwivedi

Bench: Sanjay Dwivedi

                                                                           1
                                         IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   CRA No. 2150 of 2022
                                       (J.P. @ JITENDERA PRATAP SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 23-03-2022
                                           Shri Narendra Nikhare, learned counsel for the appellants.
                                           Shri Vijay Soni, learned Government Advocate for respondent/State.

Heard.

T his first bail application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in the shape of criminal appeal under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the appellants apprehending their arrest in Crime No.195/2021 registered at Police Station Bankhedi, District Hoshangabad, for the offence punishable under Sections 294, 323, 506, 341 and 34 of the Indian Penal Code and Sections 3(1)(r), 3(1)(va) and 3(1)(s) of the SC/ST Act.

Learned counsel for the appellants submits that except the offence of atrocities, other offences are bailable and as per the contents of the FIR, no case of SC/ST is made out against the present appellants. He read over the contents of the FIR.

Shri Soni, the counsel appearing for the respondent/State on the other hand has opposed the appeal.

Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to grant the benefit of 438 to the appellants. Accordingly, this appeal is allowed.

It is directed that in the event of arrest, the appellants be released on bail upon their furnishing a personal bond in the sum of Rs.80,000/- (Rupees Eighty Thousand) each with one solvent surety each in the like amount to the Station House Officer/Arresting Officer of the Police Station concerned.

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

1. The appellants will comply with all the terms and conditions of the bond Signature Not Verified executed by them;

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

3. The appellants will not indulge themselves in extending inducement, threat 2 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;

4. The appellants shall not commit an offence similar to the offence of which they are accused;

5. The appellants will not seek unnecessary adjournments during the trial; and

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

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE ac/-