Madhya Pradesh High Court
Shailendra Kumar Verma vs The State Of Madhya Pradesh on 4 February, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 4th OF FEBRUARY, 2022
CRIMINAL APPEAL No. 7806 of 2021
Between:-
1. SHAILENDRA KUMAR VERMA S/O SHARAD
KUMAR VERMA , AGED ABOUT 49 YEARS,
OCCUPATION: AGRICULTURIST SUBHASH
WARD, BETUL BAZAR, BETUL (MADHYA
PRADESH)
2. SATENDRA KUMAR VERMA S/O SHIVKANT
VERMA , AGED ABOUT 39 YEARS,
OCCUPATION: AGRICULTURIST, CAST KURMI
R/O SUBHASH WARD, BETUL BAZAR, P.S
BETUL BAZAR, DISTT-BETUL MP (MADHYA
PRADESH)
.....APPELLANTS
(BY SHRI ARUP KUMAR DAS, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
P.S. BETUL BAZAR P.S. BETUL BAZAR
(MADHYA PRADESH)
2. VANDANA W/O VIRENDRA @LALU R/O P.S
BETUL BAZAR, DISTT-BETUL MP (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI GAURAV TIWARI, PANEL LAWYER )
(BY SHRI PUSHPENDRA DUBEY, OBJECTOR)
(Heard through Video Conferencing)
This appeal coming on for admission this day, the court passed the
following:
ORDER
At the outset, learned counsel for the appellants prays for withdrawal of this bail application on behalf of respondent No.2/Satendra Kumar Verma S/o Shivkant Verma.
Bail application on behalf of respondent No.2/Satendra Kumar Verma is dismissed as withdrawn.
This is an appeal filed under section 14-A of the Scheduled Castes and Signature SAN Not Scheduled Tribes (Prevention of Atrocities) Act against the impugned order Verified Digitally signed by MOHD TABISH KHAN Date: 2022.02.05 12:25:57 IST 2 dated 13.12.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Betul in Case No. 453/2021 whereby the Court below has dismissed the application filed by the appellant under section 438 of the Cr.P.C. The appellant is apprehending his arrest for the offence under sections 323, 294, 341, 324, 506/34 of IPC, Sections 3, 4 M.P. Debtors Protection Act and Sections 3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST (Prevention of Atrocities) Act in Crime No.453/2021 registered at Police Station Betul Bazar, District Betul (M.P).
Learned counsel for appellant No.1-Shailendra Kumar Verma submits there are omnibus allegations against appellant No.1-Shailendra Kumar Verma. Main allegation is against appellant No.2-Satyendra Kumar Verma, Appellant is related to the husband of the prosecutrix and he was never knowing this fact that prosecutrix belongs to Scheduled Tribes category and taking advantage of that status she is trying to blackmail the present appellant and prays for enlarging present appellant on bail.
Shri Gaurav Tiwari, learned Panel Lawyer for respondent/State opposes the aforesaid prayer.
After considering the role attributed to appellant no.1-Shailendra Kumar Verma, in my opinion, it is fit case for grant of anticipatory bail, hence without commenting anything on the merits of the case, impugned order is set aside and this appeal is allowed.
It is directed that in the event of arrest or surrender of appellant No.1- Shailendra Kumar Verma before the Arresting Authority/Investigating Officer in relation to the aforementioned case within a period of 15 days from today, he shall be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupee Fifty Thousand only) with two solvent sureties in the like amount to the satisfaction of the Arresting Authority/Investigating officer.
The appellant No.1-Shailendra Kumar Verma shall make himself available for interrogation by a police officer as and when required and will 3 co-operate in the investigation. He will further abide by the other conditions enumerated in sub section (2) of Section 438 of Cr.P.C.
In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the appellant No.1-Shailendra Kumar Verma.
Certified copy as per rules.
(VIVEK AGARWAL) JUDGE Tabish