Madhya Pradesh High Court
Smt Kallo Bai Yadav vs The State Of Madhya Pradesh on 16 May, 2025
Author: Vishal Mishra
Bench: Vishal Mishra
NEUTRAL CITATION NO. 2025:MPHC-JBP:23838
1 CRA-4657-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 16th OF MAY, 2025
CRIMINAL APPEAL No. 4657 of 2025
SMT KALLO BAI YADAV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Aman Soni - Advocate for applicant.
Shri Amit Bhurrak - Panel Lawyer for respondent No.1/State.
ORDER
The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 30.04.2025 passed by the Special Judge (Special Court) Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby, the application of the appellant under Section 482 of the BNSS/Section 438 of the Cr.P.C. seeking anticipatory bail has been rejected.
Appellant apprehends her arrest in connection with Crime No.134 of 2023 registered at Police Station - Bakshwaha, District Chhatarpur (M.P.) for the offences punishable under Sections 353, 332, 336, 186, 506, 147, 148, 149, 152, 427, 341-A of the Indian Penal Code and under Section 3 (2) (Da), 2(1) (Dha) and 3 (2)(5-A) of the Scheduled Castes /Scheduled Tribes (Prevention of Atrocities) Act.
It is pointed out that the appellant has falsely been implicated in the Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 17-05-2025 10:55:47 NEUTRAL CITATION NO. 2025:MPHC-JBP:23838 2 CRA-4657-2025 case. She has not committed any offence in any manner. It is submitted that the notice under Section 35 of the BNSS, 2023 has been issued to the appellant; and thereafter she has co-operated in the investigation. As the appellant has co-operated in the investigation in pursuance to the notice issued under Section 35 of the BNSS, 2023 there is no requirement of taking the appellant in custody. It is further submitted that the other co-accused persons, who are ladies have been granted anticipatory bail. She is ready to abide by all the terms and conditions that may be imposed by this Court while granting anticipatory bail. On these grounds, he prays for grant of bail to the appellant.
Per contra, counsel appearing for the State has vehemently opposed the application stating that there are specific allegation against the present appellant. However, he could not dispute the fact that the notice under Section 35 of the BNSS, 2023 has been issued to the appellant and she has co-operated in the investigation.
Considering the over all facts and circumstances of the case and also considering the facts that other female co-accused have been enlarged on anticipatory bail, without commenting upon the merits of the case, this Court deems it appropriate to allow this appeal for grant of anticipatory bail. In the event of arrest, the appellant is directed to be released on bail on furnishing a surety bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of Arresting Officer.
The appellant is directed to mark her presence before the concerning Police Station in first week of every month and is directed to cooperate in Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 17-05-2025 10:55:47 NEUTRAL CITATION NO. 2025:MPHC-JBP:23838 3 CRA-4657-2025 investigation. In case of failure to cooperate, the bail granted by this Court shall stand rejected automatically.
This order will remain operative subject to compliance of the following conditions by the appellant :-
1. The appellant/s will comply with all the terms and conditions of the bond executed by her;
2. The appellant/s will cooperate in the investigation/trial, as the case may be;
3. The appellant/s will not indulge himself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them/her/him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant/s shall not involve any other offence, in case the appellant/s indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
5. The appellant/s will not seek unnecessary adjournments during the trial;
6. The appellant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The appellant/s will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 17-05-2025 10:55:47
NEUTRAL CITATION NO. 2025:MPHC-JBP:23838 4 CRA-4657-2025 Appeal stands allowed and disposed of.
Certified copy as per rules.
(VISHAL MISHRA) JUDGE THK Signature Not Verified Signed by: TAJAMMUL HUSSAIN KHAN Signing time: 17-05-2025 10:55:47