Ankit Singh vs State Of Madhya Pradesh And Others

Vishal Mishra, J

Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter

would be referred as ""the Act"") against the order dated 23.4.2021 passed by Special Judge (Atrocities Act) Bhind whereby the application of the

appellant under Section 439 of Cr.P.C seeking bail has been rejected.

Appellant is in custody since 19.11.2020 in connection with Crime No. 12 of 2020 registered at Police Station Barohi district Bhind for the offence

punishable under Sections 436, 294, 452, of IPC and 3 (1) (r), 3 (1) (s), 3 (2) (iv) and 3 (2) (v) of the SC ST Act.

It is submitted by counsel for the appellant that the appellant has been falsely implicated in the case and he has not committed any offence in any

manner. He further submits that co-accused Narendra Singh has already been released on bail vide order dated 5.4.2021 in Cr.A.No.2283 of 2021

and the case of appellant is identical to that of co-accused. He further points out that appellant is having criminal history of four cases out of which,

three are registered under Section 323 of IPC and fourth one was under Section 307 of IPC in the year 2018, in which, the appellant is on bail. On

these grounds, he prayed for grant of bail.

Per contra, learned counsel appearing for the State has opposed the appeal stating that the appellant is a habitual offender but he could not dispute the

factum of parity with co-accused and that the appellant is having criminal history of four cases as stated herein above.

Considering the over all facts and circumstances of the case and the ground of parity and looking to this Covid 19 Pandemic scenario, this court deems

it appropriate to allow this appeal. The appellant is directed to be released on bail and on furnishing surety bond of Rs.50,000/- (Rs. Fifty thousand

Only) with one solvent surety in the like amount to the satisfaction of trial Court.

The appellant shall submit written undertaking that he 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 her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this

Court shall automatically cancelled.

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.

If the appellant is found involved in any other case except what has been stated above, this bail shall stand rejected without reference to the court;

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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform

the concerned SHO regarding the same.

Appeal stands allowed and stands disposed of.

The appellant shall install Arogya Setu App in his mobile immediately and would intimate their place of residence to the SHO of concerned Police

Station; where they reside. Appellant shall further submit the undertaking to the effect that he will abide by the terms and conditions of different

circulars, orders as well as guidelines issued by Central Government, State Government as well as Local Administration for maintaining social

distancing, hygiene etc to avoid Novel Corona Virus (COVID-19) pandemic.

I n view of the COVID-19, jail authorities are directed that before releasing the appellant medical examination of applicant 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.

E-copy of this order be provided to the applicant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.

CC as per rules.