Sabir Kha vs The State Of Madhya Pradesh on 20 May, 2021

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Madhya Pradesh High Court

Sabir Kha vs The State Of Madhya Pradesh on 20 May, 2021

None present for respondent No.2 through served. Matter is heard through Video Conferencing. Appellant has filed this first criminal appeal under Section 14-A(2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 01.02.2021, passed by Special Judge (Atrocities), District- Vidisha, whereby bail application under Section 439 of Cr.P.C. filed on behalf of appellant has been dismissed.

Appellant has been arrested on 18.01.2021, by Police Station- Gyaraspur, District- Vidisha, in connection with Crime No.13/2021, in relation to the offences punishable under Sections 376, 506, 120- B of IPC and Sections 3(2)(5), 3(1)(w-ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is the submission of learned counsel for the appellant that false case has been registered against the appellant and he is suffering confinement since 18.01.2021 whereas charge-sheet has already been filed. Story indicates an improbable event because FIR 2 Cr.A. No.3084/2021 has been registered after six months of incident. It is further submitted that looking to the challenging situation of COVID-19 pandemic and the fact that applicant does not bear any criminal record, therefore, a chance be given to the applicant to mend his ways and he would become a better citizen. Confinement amounts to pretrial detention. He undertakes to cooperate in investigation/trial and would not be a source of embarrassment or harassment to the complainant party in any manner. He would not move in the vicinity of complainant party. He undertakes to serve the national / social cause by making contribution in Army Central Welfare Fund voluntarily. Looking to the challenging period of COVID-19 pandemic, his case may be considered for bail.

Learned PL for the respondent-State opposed the prayer and prayed for its dismissal.

Learned counsel for the complainant has also opposed the prayer. Applicant snatched more than 1 lac rupees from her.

Heard learned counsel for the parties at length through VC and considered the arguments advanced by them.

Considering the submissions advanced by learned counsel for the parties and the fact situation of the case and specially in the challenging situation of COVID-19 pandemic, his prayer for bail is 3 Cr.A. No.3084/2021 made out however with certain stringent conditions and especially looking to the mandate of Apex Court in the case of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230, but without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal and impugned order dated 01.02.2021 is set aside in the following terms. It is hereby directed that the appellant shall be released on bail on his furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties of the like amount to the satisfaction of Trial Court.

After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central Government/State Government or Local Administration for combating the COVID -19 pandemic.

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 4 Cr.A. No.3084/2021 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 he will not move in the vicinity of complainant party in any manner.

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The applicant shall mark his presence before the Police Station Gyaraspur, District Vidisha on every Monday between 10.30 am to 2.00 pm, till conclusion of trial.

8. The applicant shall not move in Village Mohanpur, Tahsil Gyaraspur, District Vidisha, till conclusion of trial and if he is found in the Village Mohanpur or in the vicinity of prosecutrix, then benefit of bail shall immediately be withdrawn.

9. The applicant shall deposit an amount of 5 Cr.A. No.3084/2021 Rs.10,000/- in favour of Army Central Welfare Fund Fund having A/C No.520101236373338 of Corporation Bank, Chandani Chowk Delhi.

10. The applicant shall not involve in witchcraft and sorcery.

The Station House Officer of the concerned Police Station is directed as follows:

1. The Station House Officer shall inform the victim about the release of the petitioner/appellant on bail and shall also supply a copy of this bail order to the victim.

2. In case of breach of any of the conditions of this order, the victim 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 victim, 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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Certified copy/ e-copy as per rules/directions.

(Anand Pathak) V. Judge Rashid RASHID Digitally signed by RASHID KHAN DN: c=IN, o=HIGH COURT Of M P BENCH GWALIOR, postalCode=474011, st=Madhya Pradesh, 2.5.4.20=23377d7d214c811801fc322b576ca4ed19542 37f6324416af3985b5e9940ed42, KHAN serialNumber=111cc474a72b078dc9a89f3cb13bb668f d8e0e91beda3cb721bbd836d768b09c, cn=RASHID KHAN Date: 2021.05.21 11:21:53 +05'30'

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