Member Singh vs State Of M.P. & Another

Vishal Mishra, J

Present first criminal appeal has been filed under Section 14-A (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 06.03.2021 passed by the Special Judge (Atrocity Act), Vidisha (M.P.), whereby the bail application of the appellant under Section 439 of Cr.P.C has been rejected.

The appellant has been arrested on 30.08.2020 by Police Station Civil Lines, District Vidisha (M.P.) in connection with Crime No.462/2020 registered in relation to the offence punishable u/Ss. 363, 366-A, 370, 376 (2) n & 34 of Indian Penal Code, 1860 and Section 3/4, 5 (L)/6 of Protection of Children from Sexual Offences Act 2012 and Section 3(2)(V) and 3(2)(Va) of Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989.

It is submitted by the counsel for the appellant that the prosecutrix (PW-1) has been examined in the trial court on 2.3.2021 and she has not supported the prosecution case, therefore, she has been declared hostile. A copy of the statement of prosecutrix recorded during trial is being submitted herewith for perusal of the court. The co-accused Pushpa Bai has already been enlarged on bail by this Court vide order dated 15.03.2021 passed in Cr.A.No.6000/2020 and the case of the appellant is identical to that of co-accused. The appellant is in custody since 30.8.2020. The appellant is ready to abide with all the conditions which may be imposed by this court while considering his bail application. There is no possibility of his absconding or tampering with the prosecution case. Under these circumstances, learned counsel for the applicant prays for grant of bail to the applicant on the ground of parity.

Per contra, learned Govt. Advocate for the State has opposed the application. But he could not dispute the factum of prosecutrix being turned hostile before the trial court as well the factum of parity with the co-accused Pushpa Bai.

Considering the facts and circumstances of the case and also the fact that the co-accused Puspa Bai has already been enlarged on bail, this Court deems it appropriate to allow this application.

The application is allowed. The appellant is directed to be released on bail on furnishing his personal bonds in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of the Investigation Officer/trial Court, as the case may be with submission of written undertaking and the appellant will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed.

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 him 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 move in the vicinity of complainant party and 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.

The appellant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Govt. Advocate to send copy of this order to SHO of concerned police station as well as the concerning Superintendent of Police who shall inform the concerned SHO regarding the same.

Application stands allowed.

In view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise appellant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Certified copy as per rules.