Madhya Pradesh High Court
Teerath Yadav vs The State Of Madhya Pradesh on 11 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 CRA-1557-2021
The High Court Of Madhya Pradesh
CRA-1557-2021
(TEERATH YADAV Vs THE STATE OF MADHYA PRADESH AND OTHERS)
8
Jabalpur, Dated : 11-06-2021
Heard through Video Conferencing.
Shri Sharad Verma, Advocate for the appellant.
Shri Subodh Tamrakar, PL for respondent-State.
Notice has been served on victim-A. This appeal has been filed by the appellant under Section 14-A of S C / S T (Prevention of Atrocities) Act, 1989 against the order dated 26.06.2020 passed by Special Judge (Atrocities) Satna, whereby application filed for grant of bail to the appellant has been dismissed.
The appellant is in custody since 11.05.2020, in connection with Crime No.32/2020 registered at Police Station- Nayagaon, District Satna (M.P.) for the offence punishable under Sections 363, 366, 376 of IPC and Sections 5/6 of POCSO Act and Section 3(1)(r) & 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989.
As per prosecution on dated 06.03.2020, prosecutrix aged below 16 years was missing from her house. She was searched but not found. Thereafter, FIR was lodged. On 05.04.2020 prosecutrix was recovered from the possession of applicant/accused. It is alleged by the prosecution that appellant-accused kidnapped and committed intercourse with her.
Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in this case. At the time of incident prosecutrix was above 18 years. Appellant/accused is also 22 years. Prosecutrix voluntarily left the house of her parents. Appellant/accused has no role in this incident. During the trial, the statement of prosecutrix and her mother were recorded by trial Court. They specifically stated that prosecutrix was above 18 years and appellant/accused did not commit any offence with her. Accused/appellant is in jail since 11.05.2020. Charge Sheet has been Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.11 17:12:50 IST 2 CRA-1557-2021 filed. he has no previous criminal antecedent. It is the time of COVID-19 Pandemic due to which trial will take time fo r final disposal. There is no probability of his absconding or tampering with the prosecution witnesses. Appellant is a labour and bread earner of his family if he is kept in jail for unlimited period, then future of his family will be spoiled. On these grounds, learned counsel for the appellant prays for grant of bail to the appellant.
Panel Lawyer opposes the bail application.
Considering the contention of both the parties and the fact that the during the trial, the statement of prosecutrix and her mother were recorded by trial Court, they did not allege any fact against the appellant/accused, they declared hostile, appellant-accused is in jail since 11.05.2020, charge-sheet has been filed, appellant-accused is a bread earner of his family, it is the time o f COVID-19 Pandemic due to which trial will take time for final disposal, there is no probability of his absconding or tampering with the prosecution evidence, it would not be appropriate to keep the appellant in jail whole the trial, therefore without commenting on merits of the case, appeal of the appellant under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act, 1989, seems to be acceptable. Consequently, it is hereby allowed. The order dated 22.01.2021 passed by Special Judge (Atrocities) Satna, whereby application filed for grant of bail to the appellant has been dismissed, is hereby set-aside.
It is directed that appellant/accused-Teerath Yadav be released on bail on his furnishing bail bond in the sum of Rs.1,00,000/-(Rupees One Lac) with two solvent sureties of Rs. 50,000/- to the satisfaction of the trial Court for his appearance before the trial Court.
This order will remain operative subject to compliance of the following conditions:-
1. The appellant will comply with all the terms and conditions of the bond executed by him;Signature Not Verified
2. The appellant will cooperate in the trial;SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.11 17:12:50 IST
3 CRA-1557-2021
3 . The appellant shall not enter into vicinity of prosecutrix indulge themselves in extending inducement, threat or promise to prosecutrix or any person acquainted with the fact of the case so as to dissuade her/him 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 they are accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the appellants shall also comply the rules and norms of social distancing. 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 appellants 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 the victim about this order and also to provide a copy of this order to the victim.
Certified copy as per rules.
Appeal is allowed and disposed of accordingly.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE R Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.11 17:12:50 IST