Govind Kumar Niranjan vs State Of Madhya Pradesh & Anr

S.A.Dharmadhikari, J

In pursuance of the directions issued by the Apex Court and guidelines issued by the High Court of Madhya Pradesh in the wake of COVID-19

outbreak , the matter was taken up through video conferencing while adhering to the norms of social distancing prescribed by the Government.

Case Diary is perused.

Learned counsel for the rival parties are heard.

At the outset, learned Additional Advocate General apprised this Court that respondent No.2/complainant has been informed with regard to pendency

of this appeal as required under section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the

Actâ€​).

This first criminal appeal has been preferred under Section 14A(2) of the Act against the impugned order dated 12.01.2020 passed by Special Judge

(Atrocities), Datia, whereby appellant's application under Section 438 of the Code of Criminal Procedure has been rejected by the Court below.

The appellant apprehends his arrest in connection with crime No.02/2018 registered at Police Station AJK, Dist Datia in relation to the offences

punishable under Sections 323, 294, 506, 34 of IPC and Section 3 (1)( ), 3 (1)( ), 3(2)(va) of SC & ST Act.

Allegations against the appellant in short are that he alongwith co-accused went to liquor shop and demanded liquor without making payment. When

the shop owner refused to give the liquor to them, they started beating him with kicks and fists and also abused him filthily by using caste related

words. On the basis of aforesaid, crime has been registered.

Learned counsel for the appellant submits that the appellant is working as an Administrative Officer with New India Assurance Company and has

been falsely implicated in the present case. It is further submitted that the appellant has cooperated with the investigation as and when he was

summoned by the Investigating Officer, which is evident from the Kaifiyat report and notice was also served on the application under Section 41 of

Cr.P.C. It is further submitted that at the time of incident the appellant was not present on the spot and he had appeared in the Departmental

Examination conducted at Lucknow for which he has also filed various documents related to this stay, travelling etc, which has been verified by the

concerned officer. The appellant has met with an accident recently, and has undergone surgery. The appellant is permanent resident of District Jhansi

(U.P). There is no likelihood of absconsion or tampering with the evidence and he is ready to abide terms and conditions which may be imposed by

this Court. With the aforesaid submissions, it is prayed that appellant be released on bail.

Learned Additional Advocate General for the respondent/State opposed the appeal filed under section 14-A (2) of SC & ST Act and prayed for its

rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.

Considering the overall facts and circumstances of the case, but without expressing any opinion on merits of the case, this appeal filed under section

14-A (2) of SC & ST Act is allowed and it is directed that the appellant â€" Govind Kumar Niranjan be released on anticipatory bail on furnishing

personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one local solvent surety each in the like amount to the satisfaction of

the trial Court/committal Court for his appearance on the dates given by the concerned Court. The appellant shall also furnish a written undertaking

that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government, State Government and local

administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant shall install Aarogya Setu App (if not already installed) in his mobile phone.

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 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 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 commits any offence while being on bail, then this order shall automatically stand cancelled without reference to the Court.

Accordingly the appeal is allowed and the impugned order is hereby set aside.

Learned Additional Advocate General is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for

information and necessary action.

E- copy of this order be sent to the Court below, if possible, by the office of this Court.

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