Girraj Sharma vs State Of M.P

Vishal Mishra, J

The appellant has filed this appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being

aggrieved by order dated 26.4.2021 passed by the learned Special Judge, Bhind, District Bhind in Bail Application No.544/2021; whereby, bail

application u/S.439 Cr.P.C. of the appellant has been rejected.

The appellant has filed this appeal u/S.439 Cr.P.C. for grant of bail. The appellant has been arrested by Police Station Gohad, District Bhind in

connection with Crime No.132/2021 registered in relation to the offence punishable under Section 354 of IPC and sections 3 (1) (w) (i), 3 (2) (va) of

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted that the appellant is in custody since 20.4.2021. Learned counsel for the appellant submits that the investigation is pending in the matter.

The appellant is the first offender. He is ready to abide by all the terms and conditions as has been imposed by this Court and submitted that looking to

the present scenario of Covid-19 pandemic he prays for grant of bail.

Per contra counsel for the State has opposed the appeal stating that the appellant in his statement under section 164 of Cr.P.C. has supported the

prosecution story, but appellant being the first offender as per the case diary is also not disputed by the State counsel.

Considering the overall facts and circumstances of the case and also the judgment passed by the Hon'ble Supreme Court in the case of IN RE :

CONTAGION OF COVID 19 VIRUS IN PRISONS in SUO MOTU W.P. (C) No.1/2020, on 7.5.2020 and without commenting upon the merits, this

Court deems it appropriate to allow this appeal. The appeal is allowed subject to verification that the appellant is the first offender.

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 of the like amount to the satisfaction of Investigation Officer/trial Court, as the case may be with submission of written undertaking 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 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 commit an offence similar to the offence of which he is accused.

The appellant will not seek unnecessary adjournments during the trial; and

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

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 learned counsel for the State to send E-copy of this order to SHO of concerned police station as well as concerned Superintendent of Police who

shall inform the concerned SHO regarding the same.

Appeal stands allowed and disposed of.

E-copy/certified copy as per rules/directions.