Madhya Pradesh High Court
Ajay Mishra vs The State Of Madhya Pradesh on 15 November, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 15th OF NOVEMBER, 2022
CRIMINAL APPEAL No. 9036 of 2022
BETWEEN:-
AJAY MISHRA S/O HARIPRASAD MISHRA,
AGED ABOUT 32 YEARS, OCCUPATION: GOVT.
EMPLOYEE MAGANJ WARD NO.2 DAMOH P.S.
KOTWALI (MADHYA PRADESH)
.....APPELLANT
(BY MR. JAFAR KHAN, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION DAMOH DEHAT DAMOH
(MADHYA PRADESH)
2. DR. RAHUL GOND S/O SHRI RAJU GOND, AGED
ABOUT 30 YEARS, R/O RENTED HOUSE OF THE
KURESIA SUBHASH COLONY DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY MR. C.K.MISHRA, GOVT. ADVOCATE)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
This is first criminal appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, f o r grant of anticipatory bail as he is under apprehension of his arrest in connection with Crime No.521/2022 registered at Police Station Damoh Dehat, District-Damoh (M.P.) for the offences punishable under Sections 353, 294, 506, 452/34 of Indian Penal Code and Sections 3(1)(d) and 3(2)(dha), 3(2)(v-a) of SC & ST Signature Not Verified Signed by: NEETI TIWARI Signing time: 11/16/2022 4:35:36 PM 2 (POA) Act.
Learned counsel appearing for the appellant submitted that appellant is innocent and has falsely been implicated in the case. He had gone to the house of Naib Tehsildar for making a request that he may be removed from election duty. It is further submitted that appellant was not armed and no offence has been committed by appellant. In these circumstances, prayer is made to grant anticipatory bail to the appellant.
Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail. It is submitted by him that appellant went to the house of Naib Tehsildar at night and was pressuring him to do mutation in the case of a particular person. Appellant was also armed. Trial Court had rejected the application as provision of Section 18 of Cr.P.C is attracted in the case, therefore, it is submitted that anticipatory bail may not be granted to appellant.
Heard the learned counsel for the parties.
On perusing the incident, it has been found that there is allegation that appellant had addressed Naib Tehsildar with caste name 'gond' inside his house in room at night. Place was not in public view, therefore, offence under Section 3(1)(r) & (s) of SC & ST (POA) Act will not be attracted in the case. It is further submitted that no criminal force or assault is said to have been made by appellant. In these circumstances, bar under Section 18 of Cr.P.C will not be attracted. Other offences are bailable in nature. It is also submitted that offence under Section 452 of IPC is not made out as it has not been stated that appellant had made any preparation for causing hurt or assault or wrongful restrain on Naib Tehsildar.
Considering the facts and circumstances of the case, anticipatory bail application filed by the appellant is allowed.
Signature Not Verified Signed by: NEETI TIWARI Signing time: 11/16/2022 4:35:36 PM 3It is directed that in the event of arrest of appellant in connection with the aforesaid crime number and the offences, he be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
The applicant is directed to join the investigation immediately and to co- operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 11/16/2022 4:35:36 PM