Israil Pathan vs State Of Madhya Pradesh And Others

Anand Pathak, J

Appellant has filed this second criminal appeal under Section 14 (A) (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 against the order dated 20.06.2022 passed by Special Judge (Atrocities), District- Datia, whereby bail application under Section 439 of Cr.P.C. filed on behalf of appellant has been rejected by the trial Court.

Appellant has been arrested on 30.05.2022 (correct date of arrest is 02.06.2022) by Police Station Kotwali, District Datia (M.P.) in connection with Crime No.281/2022 registered in relation to the offences punishable under Sections 376 of IPC and Section 3 (1) (w) (ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is the submission of learned counsel for the appellant that appellant is suffering confinement since 30.05.2022 (correct date of arrest is 02.06.2022) and charge sheet has already been filed, therefore chance of tampering with the evidence/witnesses is remote. Medical report belies the allegation because as per allegation, some injuries over the person of prosecutrix ought to have been there but no such injuries were found. Story indicates an improbable event because the location of place of incident appears to be locality of Datia. Because of some professional dispute, this case has been registered. Applicant undertakes to move out of Datia City to dispel the apprehension of the prosecutrix regarding intimidation or harassment till statement of the prosecutrix. He further undertakes not to move in the vicinity of prosecutrix and shall not try to contact her in any manner. Appellant does not bear any criminal record. Confinement amounts pretrial detention. He undertakes to cooperate in trial. Under these grounds, he prayed for bail.

Learned Public Prosecutor for the State opposed the prayer but he fairly submits that appellant does not bear any criminal record. If the bail is granted, certain stringent conditions be imposed looking to the nature of allegation.

Heard learned counsel for the parties and perused the documents appended thereto.

Considering the submission and medical report, this Court intends to allow this application but with certain stringent conditions as per the spirit as echoed by Apex Court in the case of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230. 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 two solvent sureties of the like amount to the satisfaction of trial Court.

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;

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

The appellant shall not move in the vicinity of the prosecutrix and as per his own undertaking shall remain out of periphery of Datia City till the statement of the prosecutrix is over and shall not be a source of harassment/embarrassment to her in any manner and shall not try to contact her in person or through electronic mode or through somebody else.

The appellant shall mark his presence on first week of every month before the Police Station Dabra, District Gwalior till conclusion of the trial.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.