IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL nd ON THE 2 OF MARCH, 2023 CRIMINAL APPEAL No. 3261 of 2023 BETWEEN:-

1. DHEERAJ SINGH MEENA S/O SHRI MATHURALAL MEENA, AGED ABOUT 70 YEARS, R/O KUMBHRAJ THANA KUMBHRAJ DISTRICT GUNA (MADHYA PRADESH)

2. MUKESH MEENA S/O SHRI DHEERAJ SINGH MEENA, AGED ABOUT 34 YEARS, R/O KUMBHRAJ THANA KUMBHRAJ DISTRICT GUNA (MADHYA PRADESH)

3. MANTI MEENA S/O SHRI DHEERAJ SINGH MEENA, AGED ABOUT 36 YEARS, R/O KUMBHRAJ THANA KUMBHRAJ DISTRICT GUNA (MADHYA PRADESH)

.....APPELLANTS (BY SHRI MURARI LAL YADAV - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION KUMBHRAJ DISTRICT GUNA (MADHYA PRADESH)

2. SAHAYAK UPNIRIKSHAK AJEET KUJUR S/O KAMEEL KUJUR THANA KUMBHRAJ DIST. GUNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI B.M. SHRIVASTAVA - PUBLIC PROSECUTOR)

This appeal coming on for admission this day, the court passed the following:

ORDER

T he appellants have filed this appeal under Section 14(A)(2) of Signature Not Verified Signed by: ADNAN HUSAIN Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 21.02.2023 passed by Special Judge,(Atrocities) Guna, whereby, application of appellants preferred under Section 438 of Cr.P.C. has been rejected.

The appellants are apprehending their arrest in connection with Crime No.358/2022 registered at Police Station Kumbhraj, District Guna (M.P.) for the offence punishable under Sections 353, 186, 294, 342, 149 of IPC and Sections

3(1)(da), 3(1)(dha), 3(2)(va) of SC/ST Act.

A s per prosecution story, on 21.12.2022 complainant Sub-Inspector Ajeet Kujur had gone for a notice to the accused house of bearing Crime No.222/2022, Section 13 of Gambling Act, in which accused Mahendra Meena was apprehending. When accused Meena saw the complainant and police force, Mahendra abused them and locked himself in a room. Thereafter, family members of the accused Mahendra Meena who are the present appellants had stopped the complainant and police force to enter in the room and also abused them in filthy languages. On this aforesaid incident, offence was registered against them.

Learned counsel for the appellants submitted that the appellants are innocent and have falsely been implicated. They have not committed any offence. No case under the SC/ST Act is made out against the appellants and other offences registered under the IPC are bailable. It is further submitted that the appellants are the reputed citizens of the society and if they are sent to jail then their social reputation would get diminished. Hence, appellants prayed to allow this appeal and grant of benefit of anticipatory bail to the appellants. Learned Public Prosecutor for the State vehemently opposed the appeal and prayed for its rejection.

Signature Not Verified Signed by: ADNAN HUSAIN Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the record.

Considering the facts and circumstances of the case and without commenting on merits of the case, the appeal is allowed. It is directed that in the event of arrest, appellants be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) each with one solvent surety of the like amount to the satisfaction of the Arresting Authority/Investigating Officer.

The appellants shall cooperate in the trial and shall regularly appeal before the trial Court as and when required. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

With aforesaid directions, the present appeal stands disposed of Certified copy/ e-copy as per rules/directions.

(DEEPAK KUMAR AGARWAL)

JUDGE Adnan Signature Not Verified Signed by: ADNAN HUSAIN