BHAGWAN SINGH KHANGAR Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this criminal appeal under Section 14-A(2) of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 04.07.2019 passed by Special Judge (SC/ST Act), District-Vidisha whereby bail application filed under Section 438 of Cr.P.C. on behalf of appellant has been dismissed by the trial Court. Appellant apprehends his arrest in connection with Crime No.177/2019, registered at Police Station Basoda, District Vidisha, for the offences punishable under Sections 354, 376, 34 of IPC and Section 3(2)(v), 3(1)(w-i) of SC/ST (Prevention of Atrocities) Act.

(2.) It is the submission of the counsel for the appellant that a false case has been registered against the appellant. No offence is made out against the appellant looking to nature of allegations reflected in FIR and statements. The appellant himself belongs to SC/ST Community. Even otherwise, as per the allegations, when co- accused Nilesh allegedly committed the offence, he was a bystander, nothing else. He refers the judgment passed by this Court in case of Atendra Singh Rawat Vs. State of M.P. in criminal appeal No. 7295/2018 to submit that anticipatory bail is maintainable in the cases of atrocities act also. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/ trial and would make himself available if required. Learned counsel further submits that the appellant intends to perform some community service. Therefore, prayed for bail. Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application. Heard the learned counsel for the parties and perused the record. Considering the submissions advanced and looking to the fact situation but without commenting on the merits of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Trial Court.

(3.) This order will remain operative subject to compliance of the following conditions by the appellant :-