Rishabh Kadam vs State Of Madhya Pradesh And Others

Vishal Mishra, J

This second Criminal Appeal for grant of bail has been filed by the appellant under Section 14A(2) of Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 (in short SC/ST Act) against the order dated 24.05.2021 passed by Special Judge (SC/ST Act), Gwalior, whereby

the bail application filed by the appellant under Section 439 of Cr.P.C. for grant of bail, has been rejected.

The appellant has been arrested on 19.05.2021 in connection with Crime No.90/2021 registered at Police Station Girwai, District Gwalior for offence

punishable under Section 323, 294, 324, 427, 506 and 34 of I.P.C. Further added Ss. 147, 149 and 307 of IPC and Sections 3(1)(da)(dha), 3(2)(V) of

SC/ST Act.

It is submitted that earlier appeal was dismissed as withdrawn vide order dated 31.05.2021 in Cr.A. No. 3222/2021. It is submitted that investigation is

over and charge sheet has been filed in the matter. As per the prosecution story, the allegation against the present applicant is of inflicting injuries to

one Keshav and Kuldeep and both the injuries are found to be simple in nature as per medical report. It is submitted that he is having criminal history

of another criminal case registered under Section 323 of IPC. As charge sheet has been filed in the matter, therefore, there is no requirement of

further custodial interrogation of the present applicant. He prays for bail. He is ready to abide by all the terms and conditions that may be imposed by

this Court while considering the application for grant of bail.

Per contra, counsel for the State has opposed the application stating that one of co-accused Monty who has also inflicted the injuries is still absconding

in the matter. The applicant is actively participated in commission of the offence as he has inflicted injuries to two persons which are medically

corroborated. However, he fairly submits that charge sheet has been filed in the matter.

Taking into consideration and over all facts and circumstances of the case as well as fact that charge sheet has already been filed in the matter and

considering the present scenario of second phase of COVID-19, this Court deems it appropriate to allow this application, accordingly, the appeal is

allowed. The appellant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one

solvent surety of like amount to the satisfaction of the Investigation Officer /trial Court, as the case may be with submission of written undertaking and

he shall 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 seek unnecessary adjournments during the trial; and

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 Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police, concerned who shall

inform the concerned SHO regarding the same.

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 appellants shall be released immediately on bail and shall be given a pass or permit

for movement to reach his place of residence.

E- copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-

copy of this order shall be treated as certified copy for practical purposes in respect of this order.