Krishnadas Bairagi And Others vs State Of Madhya Pradesh Station And Others

Vijay Kumar Shukla, J

These criminal appeals are arising out of the same crime number of same police station. Hence, with consent of the parties, matters were analogously

heard and decided by this common order.

These are the first Criminal Appeals filed on behalf of the appellants under Section 14(A)(1) of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 r/w Section 439 of Cr.P.C.

The appellants were arrested on 04.01.2022 in connection with Crime No.11/2021 registered at the Police Station - A.J.K., Mandsaur (M.P.) for the

offences punishable under Sections 363, 366, 376(2)(n), 370 of IPC and Section 3(2)(i), 3(2)(v) of SC/ST (Prevention of Atrocities Act) 1989.

It is alleged that the prosecutrix was subjected to rape and thereafter was forcibly married to one Mahipalsingh at the instance of accused Krishnadas

Bairagi. It is further alleged that one of the accused persons namely accused Praveen had committed rape with her. Against accused Barkha, it is

alleged that she had administered some substance which had made her unconscious and taking advantage of that, the accused Praveen had committed

rape with her. The prosecutrix remained with the accused persons for a period of 15 months. During this period, no report was lodged by family

members of the prosecutrix. Apart from that, photographs have also been annexed along with the application regarding marriage of the prosecutrix.

Further a marriage certificate issued by the Govt. of Rajasthan has also been filed.

Learned counsel for the State opposes the prayer for grant of bail. Taking into consideration the totality of the facts of the case and the evidence on

record, I am of the view that the appellants are entitled for bail. Accordingly, without commenting on the merits of the case, the appeals of the present

appellants filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 are allowed.

It is directed that the appellants- Krishnadas Bairagi, Praveen Bairagi and Barkha Bairagi, shall be released on bail on their furnishing personal bond in

the sum of Rs.50,000/- (Rs. Fifty Thousand) each with separate surety of the like amount to the satisfaction of the trial Court. It is directed that the

appellants shall comply with the provisions of Section 437(3) of Cr.P.C.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court IN RE : CONTAGION OF COVID 19

VIRUS IN PRISONS in SUO MOTU ""W.P. (C) No.1/2020"" and ensure that the applicants are examined by the jail doctor before his release. If the

applicants show symptoms of COVID-19, the doctor shall forthwith direct them to be produced before the appropriate hospital designated for the

detection and treatment of COVID-19 patients. If the doctor is of the opinion that the applicants are not affected with the virus, the jail authorities

shall ensure his transportation from the jail till his place of residence.

A typed copy of this order be forwarded to the Office of the Advocate General and to Shri Viraj Godha, learned Panel Lawyer, on their respective e-

mail addresses. The Office is also directed to forward a copy of this order to the learned Court below.

The appeals are accordingly allowed.