Kamal Yadav vs State Of Madhya Pradesh

Heard. Case diary perused.

This is second bail application filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order dated 8/05/2019 passed by the Special Judge, S.C./S.T (Prevention of Atrocities) Act, Betul in special case no. 130/2014 whereby the court below has dismissed the application filed by the appellant/accused under Section 439 of Cr.P.C. First bail application was allowed vide order dated 19/08/2014 passed in M.Cr.C. No. 12145/2014 but appellant got absconded and after issuance of arrest warrant he has been sent to the custody.

The appellant/accused is in custody since 3/07/2018 for the offence under Sections 302, 34 of IPC and Section 3 (2) (5) of SC/ST (Prevention of Atrocities) Act in Crime No. 208/2014 registered at Police Station Bordehi, District Betul.

As per the prosecution story, the allegation against the appellant/accused is that he alongwith other co-accused has caused injuries to deceased Manoj therefore, he died.

Learned counsel for the appellant submits that appellant has not committed any offence as alleged, however, he has been falsely implicated in the case. The appellant was earlier granted bail by this Court but as he got absconded arrest warrant has been issued against him. Now he is in custody since more than one year and ready to abide all the conditions as may be imposed by this Hon'ble Court. Under such circumstances, prayer is made to release the appellant on bail.

On the other hand, learned Government Advocate has opposed the bail application and prayed for rejection of the appeal.

Having considered the facts and circumstances of the case alongwith the fact that appellant has incarcerated more than one year of custody period after his arrest due to issuance of arrest warrant, this appeal is allowed and the impugned order is set aside. It is ordered that the appellant/accused Kamal Yadav be released on bail on his furnishing a personal bond for the sum of Rs.1,00,000/- (Rs. One Lakh Only) with two local solvent sureties in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

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 trial;

The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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 any offence during the entire period of bail.

The appellant will not seek unnecessary adjournments during the trial;

The appellant will not leave India without previous permission of the trial Court;

The appellant shall inform the Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and

The appellant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

The trial court will be at liberty to forfeit the personal and surety bond furnished earlier by the appellant to recover the amount of personal as well as surety bond from the appellant and the surety.

Certified Copy on payment of usual charges.