Madhya Pradesh High Court
Dev Verma @ Rahul Gupta vs The State Of Madhya Pradesh on 11 June, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1
THE HIGH COURT OF MADHYA PRADESH
CRA-2994-2021
(DEV VERMA @ RAHUL GUPTA Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, dated :11/06/2021
Shri Virendra Singh Pal, learned counsel for the appellant.
Shri P. Tanwar, learned Panel Lawyer for the respondent/State.
Shri Ram Lakhan Gurjar, learned counsel for complainant. Learned counsel for the rival parties are heard through Video Conferencing.
Case diary is read over by the State counsel. This Criminal Appeal in shape of seventh repeat bail, filed u/S.14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, assails the order dated 22.12.2020 passed by Special Judge (Atrocities), Gwalior (M.P.) whereby the application preferred by the appellant herein u/S.439 of Cr.P.C. came to be rejected.
The appellant is in custody since 18.12.2020 in connection with Crime No.530/2019 registered by Police Station Bahodapur, District Gwalior (M.P.) in relation to the offences punishable u/Ss.364, 365, 366, 302, 201 IPC and u/S.3(2)(va) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.
Learned Panel Lawyer for the State, on the other hand, prayed for dismissal of the appeal by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Appellant is in custody since 18.12.2020 in respect of aforesaid offences. On earlier occasion i.e. 22.07.2020, appellant was admitted to 2 bail in the very crime number for the offence punishable u/Ss.364, 365, 366 IPC and u/S.3(2)(va) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act when the offence of murder was not alleged. After the recovery of dead body of the prosecutrix/deceased, the offence punishable u/S.302 IPC was added which thus bring the appellant in this appeal.
The case of murder as alleged against the appellant is not supported by any direct evidence but only suspicion.
Considering the fact that appellant is in custody since last about six months and there is no criminal antecedents against the appellant and that looking to the second wave of Covid-19 pandemic which has paralyzed even tempo of life and also jails are hotbeds for spread of Covid-19 pandemic coupled with the fact that material placed on record does not disclose the possibility of the appellant fleeing from justice and trial is not likely to conclude in the near future and prolonged pre-trial detention being an anathema to the concept of liberty, this court, in the special circumstances of ongoing Covid-19 pandemic, is inclined to extend the benefit of bail to the appellant.
Accordingly, without expressing any opinion on merits of the case, present appeal is allowed and the impugned dated 22.12.2020 passed by the Special Judge (Atrocities), District Gwalior (M.P.) is quashed by directing that the appellant 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 the like amount to the satisfaction of the 3 concerned available Magistrate.
This order will remain operative subject to compliance of the following conditions by the appellant :-
1. The appellant will comply with all the terms and conditions of the bond executed by him;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. 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;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt during release, travel and residence of the appellant during period of suspension of sentence as a consequence of this order.
8. If the appellant is found in close vicinity of the victim/complainant/witnesses where they reside, then the complainant/prosecution will be free to seek cancellation of his bail.
The Superintendent of Police, Gwalior (M.P.) shall ensure proper protection to be given to the prosecution witnesses under the Witness Protection Scheme, 2018, formulated by the Supreme Court in the case of "Mahender Chawla & Ors. Vs. Union of India & Ors. [(2019) 14 SCC 615]".
Registry is directed to communicate the copy of this order to the Superintendent of Police, Gwalior (M.P.) for compliance.
The Station House Officer of the concerned Police 4 Station is directed as follows:
1. The Station House Officer shall inform the victim/complainant about the release of petitioner on bail and shall also supply a copy of this bail order to the victim/complainant.
2. In case of breach of any of the conditions of this order, the complainant shall be free to report the matter to the Station House Officer of the concerned Police Station.
3. On receipt of any such complaint from the complainant, the Station House Officer of the concerned police station, in turn, shall inform the Registry of this Court.
4. On receipt of information from the Station House Officer as aforesaid, the Registry of this Court shall list this matter under caption "Directions" before the appropriate Bench.
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C.c as per rules.
(Sheel Nagu) Judge vpn SUNEEL DUBEY 2021.06.14 VALSALA VASUDEVAN 2018.10.26 15:14:29 -07'00' 11:18:36 +05'30'