Devendra Singh Tomar vs State Of Madhya Pradesh And Others

Akhil Kumar Srivastava, J

This is an appeal filed under Section 14-A of the S.C./S.T (Prevention of Atrocities) Act against the impugned order dated 10.09.2020 passed by the Special Judge (Atrocities), District - Hoshangabad, whereby the court below has dismissed the application filed by the appellant under Section 439 of the Cr.P.C. The appellant is in custody since 07.09.2020 in connection with Crime No.393/2020 registered by Police Station-Babai, District-Hoshangabad (MP) for having committed offence under Sections 294, 323, 325, 506, 34 of IPC and Section 3(1)(r), 3(1)(s) & 3(2)(va) of S.C. & S.T. (POA) Act.

Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated. It is submitted that there is no direct or indirect evidence available, which shows involvement of the appellant in commission of crime. The appellant is in jail since 07.09.2020. It is further stated that the complainant Rajendra Ahirwar has given the affidavit before the trial Court with regard to the fact that he has no grievance with the appellant and he has no objection if the appellant is released on bail. Copy of the affidavit is filed as Annexure-A/2. The Trial will take a long time to conclude. The appellant is permanent resident of the district and there is no likelihood of his absconding or tampering with the prosecution case. On these grounds prayer is made to enlarge the appellant on bail.

Learned counsel appearing on behalf of the State opposes the bail application and prays for it's rejection.

Heard learned counsel for the parties and perused the documents available in the PDF file.

Looking to the entire facts and circumstances of the case and taking note of the affidavit of the complainant Rajendra Ahirwar, this Court is of the VICTOR Digitally signed by RASHMI RONALD SAN view that the appellant may be enlarged on bail, hence, without expressing any Signature Not Verified opinion on the merits of the matter, this appeal is allowed. It is ordered tha the appellant- Devendra Singh Tomar be released on bail on furnishing a personal bond for the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with two solvent sureties in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial.

The prison authorities are also requested to ensure compliance with the order passed by the Supreme Court in Suo Moto Writ Petition(C) No. 1/2020 and ensure, that the Appellant is examined by the jail doctor before hi release. If the Appellant shows symptoms of COVID 19, the doctor shall forthwith direct him to be produced before the appropriate hospita designated for the detection and treatment of COVID 19 patients. If th doctor is of the opinion that the Appellant is not affected with the virus, the jail authorities shall ensure his transportation from the jail till his place of residence.

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 trial;

(3) The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer;

(4) The appellant shall not commit any offence during the entire period of bail;

(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;

(7) The appellant shall inform the Investigating Officer/Court about his/her address and residence in case the applicant moves out from his/her permanent address for any point of time; and

(8) The appellant shall not contact any of the other accused persons in this case in any manner whatsoever.

This order shall remain effective till the end of the trial but in case of bail jump and breach of any of the pre-condition of bail, it shall become ineffective and cancelled without reference to this Bench.

Certified copy as per rules.