Madhya Pradesh High Court
Thakur Prasadyadav@Thakur Prasad vs The State Of Madhya Pradesh on 15 July, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 CRA-3309-2021
The High Court Of Madhya Pradesh
CRA-3309-2021
(THAKUR PRASADYADAV@THAKUR PRASAD Vs THE STATE OF MADHYA PRADESH AND OTHERS)
3
Jabalpur, Dated : 15-07-2021
Heard through Video Conferencing.
Shri Pradeep Naveriya, Advocate for the appellant.
Shri Yogendra Das Yadav, Government Advocate for the
respondent/State.
Notice has been served on victim.
This is first Criminal Appeal filed by the appellant under Section 14- A(1) of the SC/ST (Prevention of Atrocities) Act, being aggrieved by the order dated 19.5.2021 passed in BA No.174/2021, by learned Special Judge SC/ST Act, Singrauli (MP), whereby bail application of appellant filed under Section 439 of Cr.P.C. has been rejected.
The appellant is in custody since 29.03.2021, in connection with Crime No.34/2021, registered at Police Station Chitarangi, Singrauli (M.P.) for the offence punishable under Section 376, 376(2)(n) and 506 of IPC and Section 3(2)(v) of SC/ST Act.
A s per prosecution story, prosecutrix aged 27 years married lady lodged the report on 29.01.2021. It is alleged by her that her husband left her two years ago. Thereafter, appellant/accused committed intercourse with her since 03.01.2020 on the pretext of marriage, when she carried pregnancy of six months then appellant/accused refused to marry with her.
Learned counsel for the appellant submits that appellant/accused has been falsely implicated in this case. So it appears that it is a matter of consent, prosecutrix is already married lady. So there is no question to solemnize marriage with prosecutrix by the appellant. The prosecutrix is aged about 27 years young lady. Appellant is in custody since 29.03.2021. Charge-sheet has been filed. It is time of COVID-19 pandemic, due to this conclusion of trial will take time for its final disposal. There is no probability of his absconding or tampering with the evidence of prosecution witness. On these grounds, learned counsel for the appellant prays for allowing this bail application.
Per-contra, learned Panel Lawyer opposes the bail application. Considering the contentions of learned counsel for the parties and the fact that the prosecutrix is aged about 27 years and she is married lady. There Signature Not Verified SAN is long cohabitation between both the parties for one year, she developed Digitally signed by NITESH PANDEY Date: 2021.07.16 17:45:17 IST 2 CRA-3309-2021 physical relationship for one year. He is custody since 24.08.2020, charge sheet has been filed, it is time of COVID-19, due to which conclusion of trial will take time for final disposal, there is no probability of his absconding or tampering with the prosecution evidence, so it is not appropriate to keep the appellant-accused in jail for whole trial, therefore without commenting on merits of the case, appeal of the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act seems to be acceptable. Consequently, it is hereby allowed.
It is directed that appellant-Thakur Prasad Yadav @ Thakur Prasad shall be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lakh Only) with two solvent sureties of the amount of Rs.50,000/- (Rupees Fifty Thousand Only) each in the like amount to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court. It is directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.
Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority :-
1. The Jail Authority shall ensure the medical examination of the appellant by the jail doctor before his release.
2 . The appellant shall not be released if he is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3. If it is found that the appellant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing him in appropriate quarantine facility.
State is directed to inform this order to the Victim and also provide a copy of this order to the Victim.
Certified copy as per rules.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE Nitesh Signature Not Verified SAN Digitally signed by NITESH PANDEY Date: 2021.07.16 17:45:17 IST