Keshav Singh Yadav vs State Of Madhya Pradesh & Another

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 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 Act").

This first appeal u/S 14A of SC/ST (Prevention of Atrocities) Act assails the order dated 02.09./2020 passed by Special Judge (Atrocities) Distt. Gwalior whereby application preferred by the appellant herein u/S 439 Cr.P.C. has been rejected.

After being arrested by Police Station Gola Ka Mandir, District Gwalior (M.P.) in connection with Crime No.250/2019 registered in relation to the offences punishable under sections 147, 148, 149, 294, 325, 326, 307 and 34 of IPC, Section 3(1)(r,s), 3(2) (5), 3(2)(va) of the Act and SectionS 25, 27 of the Arms Act, the appellant is in judicial custody since 25/08/2019.

Prosecution story in short is that on 24/05/2019 at about 21.30 when the complainant and his friend Jayveer were going to their home. At that time, appellant and co-accused Deepak Yadav, Manish Yadav, Arun Yadav and other three persons armed with Lathi and weapons came on the spot and started using cast related abuses. When complainants refused, they started beating with Lathi, Danda and iron rod and when both of them ran away to save their life and thereafter accused persons fired gun shot on both of them due to which they received injuries. On the aforesaid basis crime has been registered.

Learned counsel for the appellant submits that he has falsely been implicated in the matter and he is in custody since 25.08.2020. It is submitted that charge sheet has been filed and no further custodial interrogation is required in the matter. There is no specific allegation against the present appellant. Two persons were injured but they are having only one injury each. There is no recovery of fire arm. There is no allegation of firing against the present appellant. It is further submitted that six prosecution witnesses have turned hostile and did not support the story of the prosecution, out of which, two were injured prosecution witnesses. It is further submitted that trial is held up due to COVID-2019 and the appellant cannot be kept in custody for an unlimited period without any substantial reason. Earlier co-accused Manish Yadav has been released on bail vide order dated 05/06/2020 passed in Cr.A. No. 3170/2020. It is further submitted that in view of outbreak of COVID 19, detention of the appellant in already congested prison may be detrimental. He is permanent resident of District Gwalior. Conclusion of trial is likely to take time and there is no likelihood of his absconsion, if released on bail. On these grounds, he may be released on bail.

On the other hand, learned Additional Advocate General opposed the appeal and prayed for its dismissal by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out and it is submitted that offence has been committed in a planned manner with the intention to commit murder. The offence is of serious nature. MLC report suggests that complainants have received fire arm injury and other injury on the vital parts of the body.

At this stage, learned counsel for the appellant volunteered to deposit an amount of Rs.5,000/- (Rs.Five Thousand Only) in the account of the High Court Bar Association, Gwalior.

After hearing aforesaid arguments and looking to the facts and circumstances of the case, the impugned order dated 03/10/2019 is set aside and this appeal u/S 14(A)(2) of SC/ST(Prevention of Atrocities)Act 1989 stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty thousand only) with a local surety of the like amount to the satisfaction of the trial Court/committal Court. It is made clear that benefit of bail shall be extended to the appellant only on depositing amount of Rs.5,000/- (Rs. Five Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing COVID-19 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. The appellant shall submit an attested photocopy of such receipt before the concerned court for placing the same on record.

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 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 any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench.

The appellant will 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.

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 trial Court concerned for compliance, if possible, by the office of this Court.