Madhya Pradesh High Court
Rajjan Yadav vs The State Of Madhya Pradesh on 30 June, 2020
Author: Sheel Nagu
Bench: Sheel Nagu
1
CRA-3256-2020
THE HIGH COURT OF MADHYA PRADESH
CRA-3256-2020
(Rajjan Yadav Vs. State of M.P. )
Gwalior Dt. 30.06.2020
Shri Pramod Kumar Pachori , Advocate for applicant.
Shri R.S. Gurjar, Panel Lawyer for Respondent/State.
Learned counsel for the State informs that due intimation to the victim in accordance with Sec 15A of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities)Act, 1989, in short the Act, has been sent through office of the Addl. Advocate General but despite that no one appears.
Learned counsel for the rival parties are heard through video conferencing.
Case Diary is perused.
Learned counsel for the rival parties are heard. This is 2nd repeat criminal appeal filed by the appellant for grant of bail after rejection of earlier one on merits with liberty to come again after examination of prosecutrix.
The present appeal u/S 14A of SC/ST (Prevention of Atrocities)Act assails the order dated 26.11.2019 passed by Special Judge(Atrocities) Distt. Datia whereby application preferred by the appellant herein u/S 439 Cr.P.C. has been rejected.
The appellant has been arrested by Police Station Indergarh, 2 CRA-3256-2020 District Datia in connection with Crime No.08/2015 registered in relation to the offences punishable u/Ss. 363, 376G, 342, 506B of IPC and Section 3 (2)(v) of SC/ST (Prevention of Atrocities)Act and 3/4 of POCSO Act.
Rape is alleged against the appellant in respect of prosecutrix aged about 16 years. However, it is noticed that appellant had though been arrayed as an accused at the time of registration of FIR but was not arrayed as accused in the charge-sheet. Later based on deposition of prosecutrix, by invoking provision of Section 319 CrPC the appellant was made accused. The allegation contained in FIR lodged by the prosecutrix and her statement recorded u.S, 161 CrPC are implicative in nature.
Learned Public Prosecutor 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.
However considering the fact that appellant is in custody since 22.11.2019 and looking to the special circumstances of ongoing Covid-19 pandemic and that early conclusion of the trial is a bleak possibility and prolonged pre-trial detention is anathema to the concept of liberty and and the material placed on record does 3 CRA-3256-2020 not discloses the possibility of the appellant fleeing from justice, this Court is inclined to extend the benefit of bail to the appellant.
Consequently, the impugned order dated 26.11.2019 passed in Case No. 1252/2019 is set aside and this appeal u/S 14(A)(2) of SC/ST(Prevention of Atrocities)Act 1989 stands allowed and it is directed 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 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 4 CRA-3256-2020 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 appellant undertakes to deposit a sum of Rs.5,000/-(Rs.
Five Thousand Only) within one week of his release on bail in the PM-CARES Fund for helping the disaster management process in the wake of Covid-19 pandemic and produce receipt before the registry of this Court of having done so within 30 days, failing which this Court may recall the order of bail. This gesture of petitioner is appreciable.
8.The appellant as a SHIKSHA SWAYAMSEVAK shall render physical and financial assistance to Govt. 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 appellant.
A copy of this order be supply to the concerned District Education Officer and Block Education Officer for allowing the 5 CRA-3256-2020 appellant to execute the above said condition at the relevant Govt. Primary School.
A copy of this order be also supply to Legal Aid Officer, SALSA, Gwalior who is directed to communicate this order to the Paralegal Volunteers of the area concerned to verify as to whether appellant has complied with condition No.8 or not and submit report once in every month.
In case report regarding condition No.8 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.
A copy of this order be sent to the Court concerned for compliance.
C.c as per rules.
(Sheel Nagu) Judge ojha YOGENDR A OJHA 2020.07.0 1 13:14:05 +05'30'