Mukesh S/O Pooralal Balai vs State Of Madhya Pradesh

Subodh Abhyankar, J

The appellant has preferred this first criminal appeal under Section 14 (A) (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities)

Act, 1989 (as amended by Act of 2015) read with Section 439 of the Code of Criminal Procedure, 1973, feeling aggrieved by order dated 22.05.2021

passed by learned 5th Additional Sessions Judge / Special Judge (under SC / ST Act) Mandsaur (MP) in Special ST / Bail Application No.789/2020,

whereby the prayer for grant of regular bail has been declined.

Appellant has been arrested on 21.03.2021 in connection with Crime No.137/2021 registered at Police Station Shamgarh, District Mandsaur (MP) for

offence punishable under Sections 363, 366, 354-D/34 of the Indian Penal Code, 1860, under Section 11 read with Section 12 of the Protection of

Children from Sexual Offence Act, 2012 and also under Sections 3 (2) (v) and 3 (2) (v-a) of the Scheduled Caste & Scheduled Tribe (Prevention of

Atrocities) Act, 1989.

The allegation against the appellant is that from his phone, the victim used to talk with his friend Anil with whom she eloped for a day on 16.03.2021

and was recovered on the next day i.e. 17.03.2021.

Counsel for the appellant has submitted that apart from the allegation that the victim used to call from the mobile phone of the present appellant, there

is no overt act attributed to him; and he has also not played any role either in victim's (who is aged around 16 years) running away from her house or

to outrage her modesty.

It is further submitted that the appellant is in jail since 21.03.2021 and the final conclusion of the trial is likely to take sufficiently long time on account

of COVID-19. Hence, it is submitted that the appellant be released on bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.

Having considered the rival submissions and taking note of the facts that the applicant is in jail since 21.03.2021 and the charge sheet has already been

filed and the final conclusion of the trial is likely to take sufficiently long time on account of COVID-19 and there is no overt act attributed to the

appellant, this Court finds force with the contention raised by the counsel for the appellant. In view of the same, the appeal filed by the appellant may

be accepted.

Consequently, by setting aside the impugned order of the trial Court, the appeal is hereby allowed. It is directed that the appellant shall be released on

bail on execution of personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one sol-vent surety in the like amount to the

satisfaction of the learned trial Court for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of

Cr.P.C.

It is made clear that after being released on bail, if the appellant again indulges himself in any criminal activity, the present bail order shall stand

cancelled without further reference to the Court and the police shall be entitled to arrest the appellant in the present case also.

This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.

Certified copy as per rules.