Bantu @ Suraj Singh vs State Of M.P

Rajeev Kumar Shrivastava, J

This is first criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act [in short “SC/ST

Actâ€] filed against the order dated 12/7/2021 passed by Special Judge (SC/ST Act), Bhind in Bail Application No. 879/2021 by which the regular bail

application of the appellant has been rejected.

The appellant has been arrested on 09/7/2021 in connection with Crime No.43/2021 registered at Police Station Barason, District Bhind for offence

under Sections 354, 323, 294 and 506 of IPC and Sections 3 (1)(w)(i), 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST Act.

It is submitted by learned counsel for appellant Bantu @ Suraj Singh that the appellant has been falsely implicated due to political rivalry. He has not

committed any offence. Prosecution story is totally false and fabricated. It is further submitted that the applicant is in jail since 09/7/2021. Investigation

and thereafter trial will take long time to conclude. Hence, prayed for grant of bail to the appellant.

Per contra, learned State counsel opposed the appeal and prayed to reject the same.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the facts and circumstances of the case, without commenting on merits of the case, the appeal is allowed and it is hereby directed that the

appellant shall be released on bail on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in 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 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 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 is in a position to make his personal arrangements, then he 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 COVID- 19. 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;

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

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

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

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

7 . The appellant will inform the SHO 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 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/direction.