Bablu Verma vs State Of Madhya Pradesh And Others

Mohd. Fahim Anwar, J

Heard on this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of the

appellant in Crime No.0005/2020 registered by Police Station-A.J.K. Katni, District-Katni for the offence under Sections 376(2)(N), 323, 506 of IPC

and Sections 3 (2)(V), 3(2)(Va), 3(1)(w) of SC/ST Act, 1989.

The appeal is directed against the order dated 23.7.2020 passed by the Court o f Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of

Atrocities), Act, Katni.

The allegation of prosecution is that, prosecutrix aged about 37 years belongs to SC/ST category was forced to make physical relations with the

appellant who was working as a driver in her family since last 3-4 years. It is also alleged that appellant was making physical relations with her after

threatening to kill her husband and kids, if she will refuse to maintain relations with the appellant. It is also alleged that when the appellant has started

to beat her and threatened her to viral her objectionable photographs which were said to be in his mobile phone, then she complaint to her husband

who is Naib Tehsildar in Badwara Katna and lodged the report. On that basis, the aforesaid crime has been registered against appellant.

Learned counsel for the appellant has submitted that the appellant is an innocent person a n d h a s b een falsely implicated i n t h e c as e. H e i s a

permanent resident of address described in application. There is no chance of his absconding or tampering with the witness. He is in judicial custody

since 27.6.2020 and the trial will take time to conclude. In view of the aforesaid, a prayer has been made to enlarge the appellant on regular bail.

Learned counsel for the respondent/State on the other hand has opposed the application.

Charge-sheet has been filed. On going through the contents of charge-sheet, it appears that prosecutrix was quite major who was in physical

relationship with the appellant since 2015 and complaint regarding the act of the appellant to the husband was made on 25.6.2020 i.e. after four years

of the first instance. The appellant is in judicial custody since 27.6.2020.

Looking to the facts and circumstances of the case and the facts as pointed out by the learned counsel for the appellant and also the fact that the

appellant is in custody and the trial will take time to conclude, I am of the considered view that it is a fit case t o release the appellant o n regular bail.

Therefore, without commenting on the merits of the case, application of the present appellant seems to be acceptable. Consequently, this appeal for

bail under Section 14-A of the Scheduled Castes a n d Scheduled Tribes (Prevention of Atrocities) Act, 1989 stands allowed. The impugned order of

the trial Court dated 23.7.2020 is hereby set aside.

It is directed that appellant be released on bail on his furnishing a bail bond in the sum of Rs.30,000/- (Rupees Thirty Thousand) with one surety of the

same amount to the satisfaction of the committal/trial Court to appear before him on the dates given by the concerned Court. It is directed that

appellant shall comply with the provisions of Section 437(3) Cr.P.C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellant shall also comply with the rules and norms of social distancing. Further,

in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following directions to the

jail authority :-

The Jail Authority shall ensure the medical examination of the appellant by the jail Doctor before his release.

The appellant shall not be released, if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.

If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in

appropriate quarantine facility.

C.C., as per rules.