Chandresh Alias Chandu Lodhi vs State Of M.P

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 26.2.2021 passed by Special Judge (Atrocities Act) Vidisha whereby the application of the

appellant under Section 439 of Cr.P.C seeking bail has been rejected. Appellant is in custody since 21.1.2021 in connection with Crime No. 4 of 2021

registered at Police Station Karariya, district Vidisha, for the offence punishable under Sections 376 of IPC and 3 (2) (v) and 3 (1) (w-i) 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 the charge sheet has already been filed in the matter on 20.2.2021 and investigation is complete in the matter,

therefore, there is no further requirement of custodial interrogation of the appellant. It is submitted that as per prosecution story, allegation against the

appellant is of committing rape on the prosecutrix. Earlier, she had lodged complaint to the police authorities wherein, she had stated that on previous

occasion, the appellant had developed physical relations with her. She asked to marry her and when he refused, the complaint regarding rape has been

lodged. It is a case of consent which is clearly reflected from the prosecution story. The appellant is a first offender having no criminal history. He is

ready to abide with all the conditions which may be imposed by this court while considering this appeal. On these grounds, he prayed for grant of bail

to the appellant.

Per contra, learned counsel appearing for the State has opposed the appeal stating that there is specific allegation of rape against the applicant.

However, he has fairly stated that the applicant is a first offender having no criminal history and charge sheet has already been filed in the matter.

Considering the over all facts and circumstances of the case and the facts that the investigation is complete in the matter and the charge sheet has

already been filed on 20.2.2021 and also the fact that the appellant is first offender having no criminal history, this court deems it appropriate to allow

this appeal. The appellant is directed to be released on bail subject to verification of the fact that the appellant is a first offender having no criminal

history 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 him 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. In 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.