Arjun Singh vs State Of M.P. & Anr

Rajeev Kumar Shrivastava, J

This second criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short “SC/ST

Actâ€) has been filed against the order dated 22/1/2021 passed by Special Judge (SC/ST Act), Bhind in Bail Application No.121/2021 by which

regular bail application of the appellant has been rejected.

The appellant has been arrested on 17/8/2020 in connection with Crime No.134/2020 registered at Police Station Lahar, District Bhind for offence

under Sections 307, 294, 323, 506 and 34 of IPC, Section 25/27 of Arms Act and Section 3 (2)(v) of SC/ST Act.

It is submitted by learned counsel for the appellant â€" Arjun Singh that the appellant has been falsely implicated. He has not committed any offence.

Earlier criminal appeal filed by the appellant was withdrawn at the very outset on 22/4/2021. Allegation levelled against the present appellant is of

causing gunshot injury in the stomach of the victim. Now, victim is discharged from the hospital and is out of danger. It is further submitted that

appellant is in custody since last almost 10 months. Investigation is complete and charge-sheet has been filed. Trial will take long time to conclude.

Further, co-accused persons namely Kallu @ Arjun Singh, Shailendra Singh and Nagendra Singh Rajput have already been granted bail by this Court

and case of the present appellant is also on the same footings. Hence, prayed for grant of bail to the appellant. He further undertakes to abide by all

the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration

regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical distancing.

Learned counsel for the State has opposed the appeal and has submitted that this is a case of three gun-shots fired by three accused persons wherein

present appellant caused gunshot injury in the stomach of the victim and entry wound is specifically opined in the medical report. Hence, prayed to

reject the bail looking to the gravity of offence.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.

Considering the custody period of the appellant as well as looking to the fact that other co-accused persons have already been granted bail coupled

with the fact that there is bleak possibility of completion of trial in near future looking to the current COVID-19 situation, without commenting on

merits of the case, the application is allowed and it is hereby directed that the appellant shall be released on bail on his furnishing personal bond of

Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like amount to the satisfaction of the Court concerned for his regular appearance

before the Court concerned.

In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, his/her Corona Virus test shall be conducted and

if it is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his/her house, and if the

test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant is

fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission

from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central

Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether

general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.

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/her;

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

The appellant will not indulge herself/himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant shall not commit any offence otherwise this bail order shall automatically stand cancelled;

The appellant will not move in the vicinity of complainant party and 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 shall not come in the vicinity of the complainant/victim; and

The appellant will inform the SHO of concerned police station about his/her 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 for information;

Application stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance.

Certified copy/ e-copy as per rules/directions.