Umesh Rajak vs State Of Madhya Pradesh & Anr

With consent heard finally.

Present second appeal has been filed under Section 14 (A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 09-01-2019 passed by Special Judge (Atrocities), Shivpuri whereby the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected. First application (M.Cr.C.No.12257/2019) was dismissed as withdrawn on 01-04-2019.

Appellant is in custody since 05-12-2018 in connection with Crime No.344/2018 registered at Police Station Khaniyadhana District Shivpuri for the offence punishable under Sections 363, 366, 376 of IPC, under Section 3/4 of the POCSO Act and under Section 3(2)(va), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is submitted by learned counsel for the appellant that the case is of false implication. Prosecutrix left her maternal home on her own volition which is reflected from the statement recorded under Section 164 of Cr.P.C. It is further submitted that recently she has been married to some other person and is living in matrimonial relationship. Appellant would abide by all the terms and conditions imposed by this Court and would move in the vicinity of prosecutrix in any manner and would not be a source of harassment and embarrassment to the complainant party. Charge-sheet has already been filed and confinement since 05-12-2018 amounts to pretrial detention. He further undertakes to do some community service also if granted bail. Thus, prayed for grant of bail.

On the other hand, learned counsel for the State opposed the bail application and prayed for the dismissal of appeal.

Learned counsel for respondent No.2/complainant also opposed the bail application and prayed for its dismissal.

Heard learned counsel for the parties and perused the case diary. Considering the submissions made by learned counsel for the parties and fact situation of the case, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal in the following terms.

It is directed that the appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the concerned trial Court for his regular appearance before the trial Court on the condition that he shall remain present before the Court concerned during the trial

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/her 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.

Appellant shall not move in the vicinity of prosecutrix in any manner and would not be a source of harassment and embarrassment to the complainant party, otherwise the relief of bail shall be immediately withdrawn.

A copy of this order be sent to the Court concerned for compliance.

As per the undertaking of the counsel on behalf of the applicant for social/ community work, the applicant is directed to visit Civil Hospital/Community Health Center in Outdoor Patient Department (OPD) and serve the patients for two months i.e. for the month of April and May, 2019 on every Monday and Tuesday between 10 am to 1 pm so that he may learn the lesson to believe in peaceful co- existence in the society and become a better citizen. Chief Medical Health Officer (CMHO), District -Shivpuri/ Hospital Superintendent as the case may be, shall permit the applicant to work in the Outdoor Patient Department only while assisting the ward boys and male nurses to serve the patients. He would not be allowed to move in the Wards and ICU etc.

CMHO, Shivpuri/ Superintendent of Civil Hospital, Khaniyadhana shall use the service of applicant in maintaining cleanliness in the building and serving the patients and doing work like First Aid etc., so that applicant may inculcate some basic knowledge of First Aid or Emergency Care of patients which may be helpful for unforeseen exigencies or natural calamities wherein applicant may be helpful as a volunteer.

A copy of this order be sent to CMHO, Shivpuri for information and ensuring compliance of this order. CMHO, Shivpuri may inform the Registry of this Court, if any default is made by the applicant. Even otherwise, CMHO may submit a report about the work done by the applicant after completion of his stint with community service in the month of April and May, 2019. The report may be submitted in June, 2019. On the other hand, applicant shall also have to submit a report about his experience of community service before this Court, which shall be placed before this Court under the caption "Direction".

This direction is made by this Court as a test case to address the Anatomy of Violence and Evil by process of Creation and a step towards Alignment with Nature. The natural instinct of compassion, service, love and mercy needs to be rekindled for human existence as they are innately engrained attributes of human existence.

Certified copy as per rules.