Madhya Pradesh High Court
Narendra @ Modi vs The State Of Madhya Pradesh on 13 September, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 CRA-4025-2021
The High Court Of Madhya Pradesh
CRA-4025-2021
(NARENDRA @ MODI Vs THE STATE OF MADHYA PRADESH AND OTHERS) Jabalpur, Dated : 13-09-2021 Heard through Video Conferencing.
Shri Shashank Upadhyay, Advocate for appellant. Shri Devendra Gangrade, Panel Lawyer for State. Shri Maneesh Kumar Soni, Advocate for objector. Heard and perused the case diary.
This second bail application in the shape of criminal appeal under Section 14A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'SC/ST Act') has been filed by the appellant for grant of regular bail. His first bail application (Criminal Appeal No.6154/2020) was dismissed as withdrawn vide order dated 9.4.2021 with liberty to file afresh after recording the statement of the prosecutrix.
The appellant is in jail since 11.9.2020 in connection with Crime No.261/2020 registered at Police Station Bamhorikala, District Tikamgarh for the offence punishable under Sections 376(2)(n), 452, 506, 450 of the Indian Penal Code, Section 5/6 of Protection of Children From Sexual Offences Act and Section 3(1)(w)(ii), 3(2)(5) of the SC/ST (Prevention of Atrocities) Act.
The statement of the prosecutrix has been recorded and the same is available on record as Annexure A/3.
Considering the statement of the prosecutrix and the opposition made by learned Panel Lawyer for the State so also learned counsel for the objector, without commenting anything on the merits, I am of the opinion that the appellant can be enlarged on bail, therefore, this appeal is allowed for the reason that he is an under-trial accused and is in jail since 11.9.2020.
It is directed that appellant Narendra @ Modi be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Signature Not Verified SAN Court concerned for his appearance on the dates given by the said Court.
Digitally signed by AMIT JAIN Date: 2021.09.13 18:47:46 IST2 CRA-4025-2021 It is further directed that the appellant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.
The jail authority is also directed to ensure that the appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event, the jail doctor is of the opinion that the appellant can be released, then he shall be released.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2021.09.13 18:47:46 IST