Jitendra Singh Solanki vs State Of Madhya Pradesh And Others

Anand Pathak, J

The appellant has filed this criminal appeal under Section 14-A (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 17.11.2021 passed by Special Judge (Atrocities) Guna, whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

The appellant has been arrested on 15.11.2021 by Police Station-Cant. District Guna in connection with Crime No.948/2021 registered for offence under Sections 341, 323, 294, 427, 506, 34 of IPC and Section 3(1)(r), 3(1) (s), 3(2)(va) of SC/ST (Prevention of Atrocities) Act.

I t is the submission of learned counsel for the appellant that he is suffering confinement since 15.11.2021 on false pretext. His name does not figured in FIR but later on incorporated by the complainant. As per allegations, he inflicted simple injuries to victim by fists/legs. Appellant has two cases of minor nature but looking to the fact that no custodial interrogation is required, his case be considered. Confinement amounts to pre trial detention. He undertakes to abide by the terms and conditions as imposed by this Court and mend his ways to reform himself. On such premises and in the challenging period of Covid-19 pandemic, he prayed for bail.

Counsel for the State opposed the prayer and prays for dismissal of application.

Heard learned counsel for the parties at length and considered the arguments advanced by them.

Considering the fact situation of the case, without commenting on the merits of the case, this Court intends to allow the present application and 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 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;

3 . 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/her 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 shall regular appear in the trial Court and shall 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 shall cooperate in trial and shall not commit same nature of offence in future.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

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