M.Cr.C. No.4167/2010
30.7.2010
Shri Naeem Khan, counsel for the applicants.
Smt. Sushila Paliwal, Public Prosecutor for the
respondent/State.
Heard both the parties.
Case diary of Crime No.154 of 2010 registered at
Police Station A.J.K Narsinghpur, District Narsinghpur for
offence punishable under Sections 294, 323, 506 of I.P.C
and Section 3(1)(vi) & (x) of SCST (Prevention of
Atrocities) Act is perused.
Applicants have an apprehension of their arrest for
aforesaid crime.
Learned counsel for the applicants submits that
offence under Section 294, 325, 506 of I.P.C are bailable
whereas offences of Special Act as mentioned are non-
bailable. He further submits that one Vinod son of the
complainant Geeta Bai was working in the shop of
applicant no.2 and he has stolen some money from the
shop therefore, the applicant no.2 has lodged an FIR
against Vinod and the applicants were in search of Vinod.
If the entire allegations made by the complainant and
witnesses may be considered as it is, then no case of
‘begaar’ is made out and no case of insult on the basis of
caste is made out. Therefore, offence under Sections
3(1)(vi) and 3(1)(x) of the Act are not made out
therefore, bar under Section 18 of that Act is not made
applicable in this case. The applicants are reputed
citizen. They have no criminal past therefore, they pray
for bail.
Learned Public Prosecutor opposes the application.
Keeping in view the submissions made by learned
counsel for the applicant and the facts and
circumstances, I am of the view that this is a fit case for
grant of anticipatory bail to the applicants.
Consequently, this application under Section 438
Cr.P.C is hereby allowed. It is directed that in the event
of arrest, applicants Anurag Upadhya, Mohammad
Haneef and Zahid alias Langad shall be released on bail
on furnishing a personal bond in the sum of Rs.20,000/-
(Rupees twenty thousand) each with a solvent surety in
the like amount to the satisfaction of the Arresting
Authority.
The applicant shall further abide by the conditions
enumerated in sub-section (2) of Section 438 of Cr.P.C.
This order shall remain in force for a period of 30
days and in the meanwhile, if the applicant so desires,
may move an application for regular bail before the
competent Court.
Certified copy as per rules.
(N.K. Gupta)
Judge
bina