Mahesh Vyas vs State Of M.P.& Anr

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 being aggrieved by order dated 5/8/2021 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Vidisha; whereby, bail application under Section 439 of Cr.P.C. of appellant has been rejected.

Appellant has been arrested on 30/07/2021, by the Police Station Azak, District Vidisha in connection with Crime No.10/2001, registered in relation to the offence punishable under Sections 450, 376, 506 of IPC and Section 3 (1) (xii) and 3(2)(v) of SC/ST(Prevention of Atrocities) Act.

It is the submission of learned counsel for the appellant that appellant is suffering confinement since 30th July, 2021. Statement of prosecutrix has already been held recently before the trial Court, therefore, chance of tampering with evidence / witnesses is remote. Dispute erupted between the two, resulted into registration of false case. Case is hanging over the appellant for last 20 years. Confinement amounts to pretrial detention. Appellant undertakes to cooperate in trial and further undertakes to do community service by serving the environment/social and National cause by contributing his part voluntarily. On these ground, prayer for bail is made out.

Learned counsel for the State opposed the prayer and prayed for dismissal of the appeal.

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

Considering the submissions and facts situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal but with certain stringent conditions especially looking to the mandate of Apex Court in the case of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230. The impugned order dated 5/8/2021 is set-aside, It is hereby directed that on furnishing bail bond of Rs.50,000/-(Rupees Fifty Thousand Only) with One solvent surety of like amount to the satisfaction of trial Court appellant shall be released on bail.

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 them 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;

Appellant shall not move in the vicinity of prosecutrix/complainant and shall not be a source of embarrassment and harassment to the complainant in any manner otherwise benefit of bail shall be immediately withdrawn;

The appellant shall mark his presence before the concerned police station in first week of every months between 10.30 pm to 1.30 pm during the trial; and

Further, as per the undertaking and intent of the appellant and looking to the fact that water is depleting day by day and this area is anticipated to come under Zero Day zone, it is imperative that appellant must install Water Harvesting System or Water

Recharge System in his house in which he is residing within one month from the date of release of appellant, if not already installed. Appellant shall seek necessary permission required, if any, in this regard from the concerned departments and authorities shall facilitate and cooperate in this regard for installation of water recharge / harvesting system. Appellant shall have to maintain the said system in future on regular basis. After installation of system, appellant shall submit a report and compliance certificate (if required), as well as photographs in this regard before the registry of this Court, which shall be placed before this Court under the caption "Direction".

This direction is being given by this Court in peculiar fact situation and looking to the intent and desire of the appellant to do some work for the betterment of Environment and Community. It is earnestly expected that this act of appellant would create an atmosphere of awareness in the public regarding water conservation

A copy of this order be sent to Collector of concerned district where appellant resides and the trial Court concerned for compliance and information.

Appeal stands allowed and disposed of.

E-Copy/Copy of this order be sent to the trial Court concerned for compliance from the office of this Court.

E copy/Certified copy as per rules/directions.