High Court Grants Anticipatory Bail to Appellant in Alleged SC/ST Atrocities Case
High Court of Madhya Pradesh at Gwalior granted anticipatory bail to Baldev Singh, aged 64, a pensioner and former Indian Army personnel, who was accused of committing atrocities against a member of the Scheduled Caste/Scheduled Tribe (SC/ST) community. The judgement was delivered by Hon’ble Shri Justice Satyendra Kumar Singh on the 19th of July, 2023.
The appellant had filed Criminal Appeal No. 9087 of 2023 seeking relief after his bail application was rejected by the Special Judge, District Datia, in connection with Crime No. 129/2022 registered at Police Station Dheerpura, District Datia, Madhya Pradesh. The case involved allegations under Sections 294, 323, 506 of the Indian Penal Code (IPC), and Section 3(1)(n]/k) of the SC/ST (Prevention of Atrocities) Act.
In the appeal, the appellant’s counsel, Shri Ravi Gupta, argued that Baldev Singh was innocent and falsely implicated in the matter. He claimed that prior to the alleged incident, there were instances of abuse and threats from the complainant and his son, which led to the appellant lodging an FIR (No. 130/2022) against them. The counsel highlighted that the ingredients of the SC/ST Act were not applicable to the case and that the other charges were bailable offenses.
In a significant excerpt from the judgement, Hon’ble Shri Justice Satyendra Kumar Singh observed, “Having considered the rival submissions, the counter FIR, and the earlier complaints made by the appellant against the complainant, so also the contents of the FIR of this case with regard to the allegations relating to SC/ST Act and considering other facts and circumstances of the case, without commenting anything on merits of the case, in view of this Court, appellant deserves to be enlarged on bail.”
The Court directed Baldev Singh to furnish a personal bond of Rs. 50,000 with a solvent surety to the satisfaction of the Arresting Authority/Investigating Officer upon his arrest or surrender. The appellant was also required to make himself available for interrogation and cooperate with the investigation. The Court emphasized that its observations would not affect the proceedings in the lower court.
The case raised important questions about the application of the SC/ST (Prevention of Atrocities) Act and the grant of anticipatory bail in such matters. The judgement offers valuable insights into the factors considered by the High Court while deciding on the appellant’s plea.
Date of Decision: 19th July, 2023
BALDEV SINGH VS STATE OF M.P
