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Madhya Pradesh High Court · body

2003 DIGILAW 358 (MP)

Prabhakar v. State of M. P.

2003-03-04

S.L.KOCHAR

body2003
JUDGMENT Heard with the aid of case diary. This is an application for anticipatory bail u/s 438 CrPC in connection with Crime No. 2/03 for the offences punishable u/Ss. 294, 506/34 and S. 3(1) (1) SC/ST, (Prevention of atrocities) Act. According to the impugned order, the applicants had already filed Criminal Case No. 6996/99, u/s 138 of Negotiable Instruments Act, against the complainant Sarita Naik. They had also submitted a written complaint dated 18.3.99 that the complainant was threatening them to involve in a false case under the provisions of Scheduled Castes/Schedule Tribes (Prevention of Atrocities) Act, and because of that, they have been falsely implicated. Learned counsel for the State has read out the FIR, which clearly reflects that there was a dispute between the applicants and the complainant Sarita Naik on account of taking loan amount. Complainant Sarita had taken loans from the applicants and on account of this they had dispute. Therefore, in view of this Court, prima facie case u/s 3(1) (x) Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the Act') is not made out because the complainant was not misbehaved, abused or threatened on the ground that she belongs to Scheduled Castes or Scheduled Tribes Community. Since no prima facie case is made out, bar u/s 18 of the Act will not apply. Therefore, this application is allowed. In the event of the arrest of the applicants, they are directed to be released on hail, on their furnishing a bail bond in the sum of Rs. 2,000 (two thousand) each with one solvent surety each in the like amount to the satisfaction of police officer arresting them subject to the following conditions: (1) that the applicants shall make themselves available for interrogation as and when required; (2) that the applicants shall not make any inducement, threat, or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to the Court or to any police officer; . (3) that the applicants shall not leave India without permission of the Court. It is made clear that after filing of charge sheet, the applicants may apply for regular bail.