Madhya Pradesh High Court
Smt. Sona Adiwasi vs The State Of Madhya Pradesh on 5 May, 2021
Author: Sheel Nagu
Bench: Sheel Nagu
1 CRA 2786-21
THE HIGH COURT OF MADHYA PRADESH
CRA 2786-2021
(Smt. Sona Adiwasi Vs. State of M.P. )
Gwalior Dt. 05.05.2021
Shri Shahrukh Alam, learned counsel for the petitioner.
Shri K.S.Tomar learned Public Prosecutor for the respondent-State.
Learned counsel for the State submits that due intimation to the victim in accordance with Section 15A of SC & ST Act has been sent through office of the Addl. Advocate General by the State but despite that there is no representation on behalf of the victim.
Learned counsel for the rival parties are heard through video conferencing.
Case-diary is perused.
Present appeal in shape of second repeat application filed u/S. 14(A)(2) of the Act assails the order dated 18.01.2021 passed by Special Judge (Atrocities), Shivpuri (M.P.) whereby the application preferred by the appellant herein u/S.439 of Cr.P.C. came to be rejected.
In earlier round application of appellant was rejected by this court with liberty to appellant to come again after examination of prosecutrix by order dated 5/2/2021 in Cra 597/21.
The appellant is in custody since 26.12.2020 in connection with Crime No.24/2020 registered by Police Station Satanbada, District Shivpuri (M.P.) in relation to the offences punishable u/Ss.372, 366A, 511, IPC, Ss. 11,12 of Child Marriage Prohibition Act, S. 81 of Juvenile Justice Act and S. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
2 CRA 2786-21 Learned counsel for the State opposed the appeal and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
New ground taken in this repeat appeal is examination of prosecutrix as PW-1 on 25/3/2021 and has not supported the story of prosecution. In this view of the matter release of appellant shall not be at the risk of influencing prosecution case and no purpose would be served to continue incarceration of appellant. Co-accused Krishna Gurjar has been extended benefit of bail by order dated 22.04.2021 passed in CrA 2358/21.
In view of above and the fact that the 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 and especially looking to Covid-19 pandemic situation, this court 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 order dated 18.01.2021 passed by Special Judge (Atrocities), Shivpuri (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 two solvent sureties of the like amount to the satisfaction of the concerned available Magistrate.
This order will remain operative subject to compliance of the following conditions by the appellant :-
3 CRA 2786-21
1. The appellant will comply with all the terms and conditions of the bond executed by her;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge herself 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 she is accused;
5. The appellant will not seek unnecessary adjournments during the trial;
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
7. The learned 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 bail as a consequence of this order.
A copy of this order be sent to the Court concerned for information. C.c as per rules.
(Sheel Nagu) Judge ojha YOGENDRA OJHA 2021.05.06 12:39:11 +05'30'