Punit Sharma vs State Of Madhya Pradesh And Others

Rajeev Kumar Shrivastava, J

I.A.No.15957/2021, an application for urgent hearing during summer vacation and I.A.No.15958/2021, an application for urgent hearing are taken up,

considered and allowed for the reasons mentioned in the applications.

Present appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order

dated 31/05/2021 passed by Special Judge (Atrocities), District Sheopur, whereby the application of the appellant under Section 439 of Cr.P.C.

seeking regular bail has been rejected.

Appellant has been arrested on 24/04/2021 by Police Station-Kotwali, Sheopur, District Sheopur (M.P.) in connection with Crime No.185/2021

registered for offence under Sections 376(2)(N) of I.P.C. and section 3(2)(v), 3(1)(w-i) of Scheduled Castes and Scheduled Tribes (Prevention of

Atrocities) Act, 1989 (for short “the SC & ST Actâ€​).

It is submitted by learned counsel for the appellantâ€"Punit Sharma that the appellant is innocent and he has not committed any offence and false case

has been registered against the present appellant as the case is of consent and FIR is 3 to 4 years delayed. No any explanation has been given with

regard to inordinate delay in filing of FIR. The appellant is aged around 22 years and prosecutrix is aged around 27 years. The appellant is in custody

since 24/04/2021. Now investigation is complete and charge-sheet has been filed. Trial will take its own time. Hence, prayed for grant of bail. He

further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as

well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while keeping physical

distancing.

Per contra, State Counsel as well as counsel for the complainant have vehemently opposed the bail application and has submitted that the case is

registered under Sections 376(2)(N) of I.P.C. and section 3(2)(v), 3(1)(w-i) of SC & ST Act. Considering the gravity of offence, he prayed for

dismissal of this bail application.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the present case, investigation is complete, charge-sheet has been filed and trial will take its own time,

without commenting upon the merits of the case, the appeal is allowed and it is hereby directed that the appellant shall be released on bail on his

furnishing personal bond of Rs.75,000/-(Rupees Seventy Five Thousand only) with one solvent surety of the like amount to the satisfaction of the

Court concerned for his regular appearance before the Court concerned on the dates fixed by the Court concerned.

In view of COVID-19 pandemic, the jail authorities are directed that before releasing the appellant, his Corona Virus test shall be conducted and if it is

found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his house, and if his test is

found positive then the appellant shall be immediately sent to concerning hospital for his treatment as per medical norms. If the appellant is fit for

release and if he is in a position to make his personal arrangements, then he shall be released only after taking due travel permission from local

administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central Govt./State

Govt. or Local Administration for combating the Covid- 19. If it is found that the appellant has violated any of the instructions (whether general or

specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local

Administration/Police Authorities shall immediately take him in custody and would send him to the same jail from where he was released.

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. In case of repetition of offence, this bail order shall

automatically stand cancelled;

The appellant will not move in the vicinity of complainant party and applicant 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; and

The appellant will inform the SHO of concerned

Police Station about his/her residential address in the said area and it would be the duty of the State Counsel to send E-copy of this order to SHO of

concerned Police Station for information.

Appeal stands allowed and disposed of.

E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.

Certified copy/ e-copy as per rules/directions.