IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIRENDER SINGH ON THE 4^th OF MAY, 2022 CRIMINAL APPEAL No. 3731 of 2022 Between:-

SAMARPREET SINGH @ ANKIT CHHABRA S/O SHRI SATNAM CHHABRA , AGED ABOUT 22 YEARS, OCCUPATION: BUSINESS WARD NO. 12 SANJAY NAGAR COLONY BEHIND SHANKAR MANDIR P.S. CHACHAI DISTT. ANUPPUR (MADHYA PRADESH)

.....APPELLANT (BY SHRI SIDDHARTH GULATEE, ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CHACHAI ANUPPUR (MADHYA PRADESH)

2. AMSIYA BAI D/O KALLU BAIGA R/O SAKOLA POLICE STATION CHACHI, ANUPPUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI CHANDRAPAL SINGH, GOVT ADVOCATE FOR RESPONDENT NO.1/STATE BY SHRI ATUL SINGH BHARDWAJ, ADVOCATE FOR RESPONDENT NO.2)

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

ORDER

This criminal appeal is filed under Section 14-A of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 against order dated 09.03.2022 passed by Special Judge (Atrocities), Anuppur in B.A. No.01/2022, whereby application filed by the appellant under Section 439 of CrPC has been rejected. Practically, this is the third appeal for seeking bail. The first one being CRA No.6197/2021 has been dismissed on merits vide order dated 09.11.2021 whereas the second appeal being CRA No.618/2022 has been dismissed as withdrawn vide order dated 16.02.2022.

Signature Not Verified The appellant has been arrested in connection with Crime No.315/2021 SAN registered at Police Station Chachai, District Anuppur (M.P.) for the offence under Sections 420, 386, 120-B, 506 of IPC, Section 3/4 of the M.P. Protection of Debtors Act and Section 3(2)(v-a) of the SC/ST Act.

The prosecution case, in brief, is that during the life time of the husband of the complainant, the father of the appellant used to visit her house and her husband used to borrow money on interest. After the death of her husband, she got compassionate appointment. The father of the appellant continued to visit her. He also offered her to borrow money. She also continued to the practice and as and when required borrowed cash Rs.5000/-, 10000/- or 15000/- from the father of the appellant on interest. She borrowed about total Rs.80,000/- to 90,000/- and in lieu whereof, father of the appellant had taken her bank passbook, Aadhar Card and PAN Card. He used to visit her every month and take her thumb impression on the withdrawal slip of the bank and used to withdraw her entire salary. He used to give some time Rs.1000/- and some time Rs.2000/- and some grocery from his shop stating that she has credit due towards her.

In the year 2018, the complainant retired. She received gratuity and other funds which was about Rs.15-16 Lakhs in her bank account. To withdraw this amount, she asked father of the appellant to return her bank pass-book, Aadhar Card and PAN Card but he refused to do so stating that his loan is still outstanding. He also threatened her to kill. The complainant wanted to purchase a motorcycle for her son and requested him to return her documents but again he refused to return her documents, instead, he handed over a second hand motorcycle saying that it is worth Rs.50,000/- and she may pay this amount later on. After sometime, stating that the loan is due towards her, both the appellant and his father withdrew entire amount from her bank account. They also used to withdraw her pension amount regularly by getting her thumb impression on withdrawal slips. On 06.10.2021 also, the applicant came to her with his car bearing Registration No.CG-04-TB-9000, got her thumb impression on a withdrawal slip, asked her to withdraw money from her back account and when she came back after withdrawal, he snatched entire amount of Rs.8,000/-, kept Rs.6,000/- and gave her back only Rs.2,000/-. He also kept her pass-book, Aadhar Signature Not Verified SAN Card and PAN card.

Digitally signed by VINOD Perturbed with his behaviour, the complainant approached the police and lodged a wri