Abdul Alias Abzal Khan vs State Of M.P. & Another

Vishal Mishra, J

Present third criminal appeal has been filed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 18.08.2020 passed by the Special Judge, Bhind (M.P.), whereby the bail application of the appellant under Section 439 of Cr.P.C has been rejected.

The appellant has been arrested on 10.08.2020 by Police Station City Kotwali, District Bhind (M.P.) in connection with Crime No.80/2020 registered in relation to the offence punishable u/Ss. 363, 366, 366-A, 376 of IPC and Section 4/6, 16/17 of the POCSO Act and Section 3 (1) (w) (ii), 3 (2) (va) of the SC/ST Act.

It is alleged by the counsel for the appellant that the appellant has been falsely implicated in this case and he has not committed any offence in any manner. First appeal was dismissed as withdrawn with the liberty to repeat the same after completion of investigation and filing of the charge sheet by this Court vide order dated 11.09.2020 passed in Cr.A.No.4818/2020 and second appeal was dismissed as withdrawn with the liberty to repeat the same after recording of statement of the prosecutrix before the trial Court by this Court vide order dated 11.01.2021 in Cr.A.No.5152/2020. Medical is silent about rape. Statement of the prosecutrix and her father has been recorded by the trial Court in which they have turned hostile and have not supported the prosecution story. The appellant is in custody since 10.08.2020 and he is ready to abide with all the conditions which may be imposed by this court while considering his bail application. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, learned counsel for the appellant prays for grant of bail to the appellant.

Per contra, learned Panel Lawyer for the State has opposed the application. But he fairly submits that statement of the prosecutrix and her father has been recorded by the trial Court in which they have turned hostile and have not supported the prosecution story.

Considering the facts and circumstances of the case, without commencing upon the merits of the case, this Court deems it appropriate to allow this application.

The application is allowed. The appellant is directed to be released on bail on furnishing his personal bonds in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the appellant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

This order will remain operative subject to compliance of the following conditions by the appellant :-

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will cooperate in the investigation/trial, as the case may be;

The appellant will not indulge himself in extending 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 the Police Officer, as the case may be;

The appellant shall not commit an offence similar to the offence of which he is accused;

The appellant will not move in the vicinity of complainant party and the appellant will not seek unnecessary adjournments during the trial;

The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

The appellant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Panel Lawyer to send copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Certified copy as per rules.