None present from the respondent No.2/complainant despite compliance of provision of Section 15(A)(III) of SC/ST (Prevention of Atrocities) Act by the respondent No.1 State.

Case diary perused and arguments heard.

This criminal appeal has been filed under Section 14-A of the SC/ST(Prevention of Atrocities) Act 1989 against the order dated 13/12/17 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, on bail application No. 2506/2017 whereby learned Special Judge rejected the bail application filed by the appellant Deepak Patel, under Section 438 of the Cr.P.C. to get anticipatory bail in Crime No. 286/17 registered at P.S. Charganwa, District Jabalpur (M.P.) for the offences punishable under Sections 354-d / 34 of the IPC and Section 3(1)(b)(1) of SC/ST(Prevention of Atrocities) Act, 1989 and Section 11(iv) / 12 of POCSO Act, who apprehend his arrest in the crime.

[2] As per prosecution case, on 30/11/2017 respondent no.2/complainant lodged the report at Police Station Chargawan, Jabalpur averring that at 2 p.m. when she was returning with her friend from the school situated at Chargawan to village Sunwara, on the way near poultry farm, applellant came on bike along with his friend and told her that he wanted to talk to her. But, she refused to talk to him. Thereafter, when Deepak and his friend started to go, her friend took out the keys of his motorcycle. On that, Deepak's friend took the key back by twisting her friend's hand and Deepak's friend threatened them that they would see them in the school later. Earlier also Deepak had done such once. On that report, police registered the Crime No. 286/17 for the offences punishable under Sections 354-d / 34 of the IPC and Section 3(1)(b) (1) of SC/ST(Prevention of Atrocities) Act, 1989 and Section 11(iv) / 12 of POCSO Act. The appellant filed an application before the trial Court for grant of anticipatory bail, which was rejected. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

[3] Learned counsel for the appellant submitted that he is innocent and has falsely been implicated in this matter. The appellant is a young boy and ready to co-operate in the investigation. Even otherwise, from the FIR, no offence under the provisions of SC/ST (Prevention of Atrocities) is made out against the present appellant. Hence, counsel prayed for grant of anticipatory bail.

[4] Learned counsel for the State opposed the prayer made by the appellant and submitted that there is an ample evidence on the record which connect the appellant to the crime. Therefore, he should not be released on bail.

[5] Although, offence under Sections 3 (1)(R) , 3(1)(s) and 3(2) (5) of SC/ST (Prevention of Atrocities) Act 1989, has also been registered against the present applicant and according to Section 18 of the Act provisions of Section 438 of the Criminal Procedure Code does not apply to the persons committing an offence under the Act, but in Pankaj D. Suthar V/s. State Of Gujarat reported in (1992) 1 GLR 405 while considering the scope of Section 18 of the Prevention of Atrocities Act, the Gujarat High Court observed as under :-

Apex Court also in the case of Vilas Pandurang and another V/s. State of Maharashtra and others reported in (2012) 8 SCC 795 held as under :-

[6] This shows that in the crime registered for the offences under Atrocity Act, anticipatory bail can be granted when it is prima facie found that such an offence is not made out. In this case also in the FIR, it is not mentioned that present appellant Deepak assaulted the complainant or her friend or used force against with intent to dishonour or outrage their modesty. So from the perusal of FIR, no prima facie case for the offences punishable under provisions of SC/ST (Prevention of Atrocities) Act is made out against the present applicant. So, looking to the facts and circumstances of the case, without commenting on merits the appeal is allowed and it is directed that in the event of arrest of appellant in Crime No. 286/17 registered at P.S. Charganwa, District Jabalpur (M.P.) the present appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the Arresting Officer.

[7] This order will remain operative subject to compliance of the following conditions by the appellant :

A copy of this order be sent to the concerned SHO for compliance.

Accordingly, appeal is disposed of.

C.C. as per rules.

(RAJEEV KUMAR DUBEY) JUDGE m/-

Date: 2018.01.23 02:29:03 -08'00'