Madhya Pradesh High Court
Gourav @ Abhishek Rawat vs The State Of Madhya Pradesh on 14 January, 2022
Author: Vishal Mishra
Bench: Vishal Mishra
1
The High Court Of Madhya Pradesh
CRA No. 55 of 2022
(GOURAV @ ABHISHEK RAWAT Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 14-01-2022
Heard through Video Conferencing.
Shri Raj Kumar Dubey, learned counsel for the appellant.
Shri Yogendra Das Yadav, learned Government Advocate for the
respondent no.1/State.
The present appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for brevity 'the Act') against the order dated 08.09.2021 passed by the Special Judge, SC/ST (Atrocities) Act, Jabalpur (MP), whereby, the application of the appellant under Section 439 of Cr.P.C. seeking bail has been rejected.
Appellant is in custody since 13.06.2021 in connection with Crime No.403/2021 registered at Police Station- Gorabazar, District Jabalpur (M.P.) for the offence punishable under Sections 302 read with Section 34 of IPC; Section 3 (2) (V) of the SC/ST (Prevention of Atrocities) Act; and Section 25 & 27 of Arms Act.
I t is submitted that the appellant has been falsely implicated in the matter and he has not committed any offence in any manner. It is submitted that both the eye witnesses have turned hostile and have not supported the prosecution story. The appellant is under custody since 13.06.2021. Appellant is the first offender. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. There is no further requirement of custodial interrogation of the present appellant. On these grounds, h e prays for grant of bail to the appellant.
Per contra, learned counsel appearing for the State has opposed the application, but he fairly submits that both the eye witnesses have turned hostile and have not supported the prosecution story, no other material Signature Not Verified SAN witnesses are remained to be examined and only formal witnesses are to be Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.17 11:00:41 IST 2 examined. Factum of appellant being the first offender is also not disputed by the State counsel.
Considering the over all facts and circumstances of the case and the fact that the appellant is the first offender, without commenting upon the merits of the case, subject to verification of the fact that the appellant is the first offender, this Court deems it appropriate to allow this appeal. The appellant is directed to be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not involve any other offence, in case the applicant indulges in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled.
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. If the appellant is found involved in any other case except what has been stated above, this bail shall stand rejected without reference to the court;
8. The appellant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.17 11:00:41 IST 3 police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.
Appeal stands allowed and disposed of.
I n view of the COVID-19, jail authorities are directed that before releasing the appellant, medical examination of appellant shall be undertaken by the jail doctor and on prima-facie, if it is found that he is having the symptoms of COVID-19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.
E-copy of this order be provided to the appellant and E-copy of this order be sent to the trial Court concerned for compliance. It is made clear that E-copy of this order shall be treated as certified copy for practical purposes in respect of this order.
C.C. as per rules.
(VISHAL MISHRA) JUDGE sj Signature Not Verified SAN Digitally signed by SUSHEEL KUMAR JHARIYA Date: 2022.01.17 11:00:41 IST