Dilip Kirar@Dharmendra@Mohar Singh vs The State Of Madhya Pradesh on 18 November, 2020

[Cites 6, Cited by 6]

Madhya Pradesh High Court

Dilip Kirar@Dharmendra@Mohar Singh vs The State Of Madhya Pradesh on 18 November, 2020

Present second repeat appeal filed u/S.14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, after dismissal of earlier one (Cra.4998.2020) on 28.09.2020 as withdrawn without being considered on merits with liberty to come again after filing of charge-sheet, assails the order dated 18.09.2020 passed by Special Judge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 14.09.2020 in connection with Crime No.384/2020 registered by Police Station Jhansi Road, District Gwalior (M.P.) in relation to the offences punishable u/S.377 IPC, u/Ss.5, 6 POCSO Act and u/S.3(2)(V) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the State, on the other hand, prayed for dismissal of the appeal by contending that on the basis of the allegations 2 Cra.5604.2020 and the material available on record, no case for grant of bail is made out.

Learned counsel for the appellant submits that charge-sheet in the matter has been filed on 20.10.2020 and the appellant has suffered more than two months of incarceration.

The offence alleged against appellant is of unnatural sex against young boy of about 09 years. The father of the victim has seen the appellant lying naked next to the said victim who was also without clothes.

Appellant has no criminal antecedents and since charge-sheet has been filed, further custodial interrogation is no more required.

In view of above, considering the allegations, looking to the ongoing Covid-19 pandemic crises 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, this Court is though inclined to extend the benefit of bail to the appellant but with certain stringent conditions looking to the seriousness of offence.

Accordingly, without expressing any opinion on merits of the case, present appeal is allowed and the impugned order dated 18.09.2020 passed by Special Judge (Atrocities), Gwalior (M.P.) is quashed by directing that the appellant be released on bail on furnishing a personal 3 Cra.5604.2020 bond in the sum of Rs.50,000/-(Rs. Fifty Thousand only) with two solvent sureties of Rs.25,000/- each to the satisfaction of the concerned Trial Court.

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;

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

4 Cra.5604.2020 and residence of the appellant during period of bail as a consequence of this order.

8. Appellant shall mark his appearance before the concerned Police Station once a fortnight.

9. The appellant as a Shiksha Swayamsevak shall render physical and financial assistance to government primary school situated nearest to residence of appellant for ensuring hygiene and sanitation and for removing deficiencies of infrastructural amenities in the said school from the skill/resources of the appellants. [vihykFkhZ ,d f'k{kk Lo;aLksod ds :i esa vius fuokl ds fudV vofLFkr ljdkjh izkFkfed fo|ky; esa LoPNrk vkSj vkjksX; dks lqfuf'pr djus ds fy, 'kkjhfjd ,oa foRrh; lgk;rk iznku djsxk rFkk vius dkS'ky o lalk/kuksa ls mDr fo|ky; esa volajpukRed lqfo/kkvksa dh dfe;ksa dks nwj djsxkA] The appellant after selecting a particular Govt. Primary School shall inform about the same to the office of Gram Panchayat (in case of rural area) and/or Ward Officer of the concerned ward (in case of urban area), within whose territorial jurisdiction the said school is situated. [vihykFkhZ ,d fof'k"V izkFkfed ljdkjh Ldwy dk p;u djus ds i'pkr~ blds ckjs esa xzke iapk;r ds dk;kZy; ¼xzkeh.k {ks= ds ekeys esa½ vkSj@;k lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys es½a ftlds {ks=kf/kdkj esa mDr Ldwy vofLFkr gS] dks lwfpr djsxkA] It will be joint responsibility of Sarpanch and Secretary of said Gram Panchayat (in case of rural area) and/or Ward Officer of the 5 Cra.5604.2020 concerned ward (in case of urban area) to preserve the said information provided by the appellant. [;g lEcaf/kr okMZ ds okMZ vf/kdkjh ¼'kgjh {ks= ds ekeys esa½ vkSj@;k mDr xzke iapk;r ds ljiap vkSj lfpo ¼xzkeh.k {ks= ds ekeys esa½ dh la;qDr ftEesnkjh gksxh fd] vihykFkhZ }kjk iznRr lwpuk dks lajf{kr djsA ] The registry of this Court shall communicate this order through Legal Aid Officer, SALSA, Gwalior to the Collector, District Education Officer, Block Education Officer of the district/block concerned for information and compliance.

A copy of this order be supplied to the Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the District Education Officer, Block Education Officer of the district/block concerned to verify as to whether appellant has complied with condition No.9 or not and submit report once every month.

In case, report regarding condition No.9 is not filed or report is found to be wanting in any manner then Registry is directed to list this matter as PUD before appropriate Bench.

The appellant has gracefully volunteered to donate Rs.2,000/- (Rs. Two Thousand Only) in the account of the High Court Bar Association, Gwalior for the purpose of assistance and rehabilitation of those members of the Bar, who are facing financial distress due to Lockdown and restrictive functioning of the courts owing to ongoing Covid-19 6 Cra.5604.2020 pandemic. This Court has no manner of doubt that the office bearers and the Senior members of the Bar shall ensure that the donation reaches the rightful and deserving claimants. Let the donation be deposited within seven (7) working days from the date of release.

The Collector/District Magistrate, Gwalior (M.P.) shall provide adequate protection to the victim and witnesses as and when applied for 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]".

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

C.c as per rules.

(Sheel Nagu) Judge pd PAWAN Digitally signed by PAWAN DHARKAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH DHARK GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=345b3604d572ed9dd1492 AR fe82dc3b1eef67eff2cb59f3ac97e92 0ac264de7828, cn=PAWAN DHARKAR Date: 2020.11.19 14:22:32 +05'30'

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