Maqsood vs State Of MP & Another

Anil Verma, J

This criminal appeal is filed under Section 14 (A) (2) of SC/ST (Prevention of Atrocities) Act, 1989 for grant of anticipatory bail against order dated

26.7.2021 passed by the Special Judge, Shajapur, whereby the learned Judge has rejected the anticipatory bail application filed by the appellant in

Crime No.267/2021 registered at Police Station- Kotwali Agar District Agar for the offence under section 406, 420, 120-B, 323, 341, 506/34 of IPC

and Section 3(1)( ), 3(1)( ), 3(2) (va) of SC/ST (Prevention of Atrocities) Act, 1989.

All the parties heard through video conferencing.

Learned counsel for objector submits that he has no objection, if this Court allows the present appeal for anticipatory bail to the appellant. He has also

confirmed that Ramnarayan has executed an affidavit dated 7.7.2021 (Annexure A-3) in this regard which has been filed by the appellant.

As per prosecution story, the complainant Ramnarayan has launched a report in the police station Kotwali Agar that he is member of Balai Cast and

had contracted for sale of land by Rukhsana Bi, Maqsood, Mustafa for an amount of Rs. 50 lakhs and a cheque of Rs. 5 lakhs and one more cheque

of Rs. 1 lakh have been given by him and notarized agreement was executed on 25.11.2020 in this regard. Thereafter, some dispute arose between

the parties as the land has been sold to other persons and it was alleged that appellant threatened the complainant for dire consequences. Appellant

and other co-accused abused him and slapped by using filthy languages and using racist words in the public place. Accordingly case has been

registered.

Learned counsel for appellant submits that appellant is innocent and he has been falsely implicated in the present case. Both the parties have been

settled their dispute amicably outside the Court and executed an affidavit dated 7.7.2021. He has no criminal past. He also submits that co-accused

Aqeel Khan and Rehan Khan have already been granted anticipatory bail by this Court vide order dated 14.7.2021 passed in Cri.A. No. 4067/2021

and prays for grant of anticipatory bail to the present appellant also on the ground of parity.

On the other hand learned P.L. for respondent/State has opposed the appeal for anticipatory bail and has prayed for its rejection by contending that on

the basis of material available on record, no case for anticipatory bail is made out.

Learned counsel for the objector Ram Narayan fairly admits that both the parties have settled their dispute. Hence he has no objection in allowing the

bail application.

Considering the nature of allegation, circumstances of the case and the fact that appellant and complainant have settled their dispute outside the Court

and complainant has executed an affidavit dated 7.7.2021 by stating that he has no objection, if this Court grants anticipatory bail to appellant, co-

accused persons have already been granted bail, therefore, on the basis of parity, present appellant also deserves for grant of anticipatory bail. Hence,

without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of anticipatory bail to the appellant.

It is directed that in the event of the appellant's arrest or surrender before the police in crime No. 267/2021, the appellant Maqsood son of Maqbool

shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to

the satisfaction of Station House Officer of the Police Station concerned. The appellant would abide by the conditions mentioned in Section 438 (2)

Cr.P.C.

Certified copy as per rules.