Harendra Rana And Anr. vs State Of M.P

Vishal Mishra, J

This criminal appeal has been filed under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being

aggrieved by the order passed by the Special Judge, Bhind on 8.1.2021 in Crime No.214/2020, whereby the application under Section 439 of Cr.P.C.

for grant of bail has been rejected.

It is submitted by the counsel for the appellants that the investigation is complete in the matter and charge sheet has been filed. The appellants are in

custody since 5.1.2021 and there is no requirement of their further custodial interrogation. It is further submitted that the prosecution has shown

criminal history of appellants of two cases but the same are minor in nature and bailable. The appellants are ready to abide by all the terms and

conditions that may be imposed by this Court. Co-accused Gyan Singh alias Bhanu alias Gyanu has also been granted bail by this Court vide order

dated 18.02.2021 passed in Cr.A. No.900/2021. Hence on the ground of parity, she prays for grant of bail.

Per contra, counsel for the State has opposed the application stating that the appellants are having criminal history of two cases. But he could not

discriminate the case and fairly submits that as per x-ray report, no bony injury has been found.

Heard the learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case as well as the ground of parity, this Court deems it appropriate to allow this appeal.

Accordingly, appeal is allowed. It is directed that the appellants be released on bail on furnishing a personal bond in the sum of Rs. 50,000/-(Rs. Fifty

Thousand only) each with one solvent surety each in the like amount to the satisfaction of the concerned trial Court.

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

The appellants will comply with all the terms and conditions of the bond executed by them;

The appellants will cooperate in the investigation/trial, as the case may be;

The appellants will not indulge themselves 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 appellants shall not commit an offence similar to the offence of which they are accused;

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

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

The appellants will inform the concerned S.H.O. of concerned Police Station about their residential address in the said area and it would be the duty

of the State counsel to send E-copy of this order to SHO of concerned police station as well as concerned who shall inform the concerned SHO

regarding the same.

Appellants shall install Arogya Setu App in their mobile immediately and would intimate their place of residence to the SHO of concerned Police

Station; where they resides. Appellants further submit the undertaking to the effect that they 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 (COVIC-19) pandemic.

In view of the COVID-19, jail authorities are directed that before releasing the appellants medical examination of appellant shall be undertaken by the

jail doctor and on prima facie, if it is found that they are having the symptoms of COVID-19, then consequential follow up action including the

isolation/quarantine or any test if required, be ensured, otherwise appellants shall be released immediately on bail and shall be given a pass or permit

for movement to reach their place of residence.

E-copy of this order be provided to the appellants 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.