IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ANAND PATHAK ON THE 10^th OF NOVEMBER, 2022 CRIMINAL APPEAL No. 10135 of 2022 BETWEEN:-

1. PHOOL CHAND GOUR S/O SHRI CHANDALAL GOUR, AGED ABOUT 70 YEARS, OCCUPATION: AGRICULTURIST, R/O- VILLAGE BANNAKHEDA P.S.

MYANA DISTRICT GUNA (MADHYA PRADESH)

2. KAMAL S/O SH. PHOOL CHAND GOUR, AGED ABOUT 30 YEARS, OCCUPATION: AGRICULTURIST R/O -VILLAGE BANNAKHEDA P.S. MYANA DISTRICT GUNA (MADHYA PRADESH)

3. PRATHI S/O SH. PHOOL CHAND GOUR, AGED ABOUT 35 YEARS, OCCUPATION: AGRICULTURIST R/O- VILLAGE BANNAKHEDA P.S. MYANA DISTRICT GUNA (MADHYA PRADESH)

4. MADHO SINGH GOUR S/O SH. AMAR SINGH GOUR, AGED ABOUT 46 YEARS, OCCUPATION: AGRICULTURIST R/O- VILLAGE BANNAKHEDA P.S.

MYANA DISTRICT GUNA (MADHYA PRADESH)

.....APPELLANTS (BY SHRI ASHISH SINGH JADOUN - ADVOCATE)

AND

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

2. SUNITA/VICTIM THROUGH POLICE STATION MYANA GUNA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAVINDRA SINGH KUSHWAHA – DEPUTY ADVOCATE GENERAL)

(SHRI SANKALP SHARMA AND SHRI RAKSHIT GUPTA – ADVOCATE FOR COMPLAINANT)

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

ORDER

The present appeal has been filed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 2015 (for brevity 'the Act') against the order dated 31.10.2022, passed by the Special Judge (Atrocities), District Guna, whereby the application of the appellants under Section 438 of Cr.P.C. seeking anticipatory bail has been rejected.

Appellants apprehend their arrest in connection with offences punishable under Sections 323, 294, 34 of IPC and Sections 3(1)(r)/3(1) (s), 3(2)(va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, registered vide Crime No.390/2022 at Police Station Myana, District Guna, (M.P.).

It is the submission of learned counsel for the appellants that the appellants are apprehending their arrest on the basis of registration of offence referred above. It is further submitted that complainant in the present case is Aanganwadi worker and her work as Aanganwadi worker was not up to the mark, therefore, on 11.10.2022 one Sunil Gurjar at the instance of present appellants filed a complaint at CM Helpline and therefore, in retaliation thereof, complaint by said Aaganwadi worker has been lodged on 20.10.2022. Alleged date of incident is 18.10.2022, but FIR was delayed by six days which shows the nature of allegation.

Medical report belies the allegation as no injuries have been sustained by the victim. Counsel relied upon the order of this Court in the matter of Atendra Singh Rawat Vs. State of M.P., 2019 (2) MPLJ (Cri) 481 to submit that appellants do not bear any criminal record. Confinement would bring social disrepute and personal inconvenience. Appellants undertake to cooperate in investigation/trial and would not be a source of embarrassment and harassment to the complainant party in any manner and they would not move in the vicinity of complainant partay. Under these grounds, counsel prayed for anticipatory bail.

Learned Deputy Advocate General for the State opposed the prayer and prayed for dismissal of this appeal.

Learned counsel for the complainant also opposed the prayer.

Heard learned counsel for the parties and perused the documents appended thereto.

Considering the submissions and nature of the allegation as well as fact situation, without commenting any opinion on the merits of the case, this Court is inclined to allow criminal appeal for grant of anticipatory bail. It is hereby directed that in the event of arrest, the appellants shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one solvent surety of the like amount to the satisfaction of Arresting Authority /

Investigating Officer.

This order will remain operative subject to compliance of the following conditions by the app