Rehan @ Rihan vs State Of Madhya Pradesh And Others

Rohit Arya, J

This is the first criminal appeal under Section 14A(2) of Scheduled Caste, Scheduled Tribe (Prevention of Atrocities) Act by the appellant seeking

enlargement on bail. The appellant is in custody since 7.9.2020 in connection with Crime No.440/2020 registered at P.S., Dindayal Nagar, Ratlam for

the offence punishable under Section 307, 323, 324, 294, 506, 34 of IPC and under Section 3(ii)(v) of SC, ST (Prevention of Atrocities) Act.

As per the prosecution case, appellant alongwith co-accused on 6.9.2020 at about 8.30 PM with common intention attacked Golu, his brother Mahesh

and the complainant Mohit Padiyar hurling filthy abuses by their caste name and caused injuries. Appellant Rehan is alleged to have caused injuries by

knife and co-accused Vasim is alleged to have caused injuries by kicks and fists. Accordingly, the case has been registered against the appellant and

co-accused.

Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated. The trial is in progress. Complainant Mohit

Padiyar (PW-1), Golu (PW-2) and Mahesh (PW-3) have turned hostile belying the story of prosecution. The appellant has already suffered jail

incarceration since 7.9.2020. Besides, looking to the Covid-19 situation, trial is not likely to conclude early in the near future. Hence, in view of the

subsequent development as referred above the appellant may be enlarged on bail on such terms and conditions as this Court deems fit and proper.

Per contra, learned Panel Lawyer for the respondent/State, opposes the bail application supporting the order impugned. She lays emphasis on the

statements of the complainant and other witnesses referred above recorded under Section 161 Cr.P.C.as well as the name of the accused persons

and submits that specific allegations have been made against the main accused persons. Hence, no case for grant of bail is made out. However, she

has loss to state that after the examination before the trial Court witnesses Mohit Padiyar (PW-1), Golu (PW-2) and Mahesh (PW-3) since have

turned hostile, their statements under Section 161 Cr.P.C. may not be of much significance. However, she opposes the application vehemently.

At this stage, learned counsel for the applicant, on instructions graciously and voluntarily submits that looking to grave critical social economic

condition of poor persons living in old age homes, Vidhwa Ashrams or orphans living in orphanage and due to outbreak of Covid 19 pandemic, the

applicant is prepared to deposit a sum of Rs.1,00,000/-(Rupees One Lac only) in favour of Jila Bal Sarakshan Samiti, Ratlam (State Bank of India

Account No.31863593860, IFSC Code SBIN0030437) for the purpose of providing basic amenities, clothing, food/food items and other essential

amenities required for old age people living in old age homes, vidhwas living in vidhwa aashrams or orphans living in orphanage in the city and also the

sufferers of Covid 19 are dire need of such amenities/facilities. However, the aforesaid deposit of amount may not influence the pending trial but is

only, for enlargement of applicant on bail.

Upon hearing counsel for the parties but without touching merits of the contentions so advanced, regard being had to the fact that the appellant is in jail

since 7.9.2020 having no criminal antecedents, not required for custodial interrogation, the statements of witnesses Mohit Padiyar (PW-1), Golu (PW-

2) and Mahesh (PW-3) recorded under Section 161 Cr.P.C. and during Covid-19 the possibility of delay in conclusion of trial cannot be ruled out, he is

held entitled for enlargement on bail.

Consequently, the application of the appellant filed under Section 439 of the Criminal Procedure Code, 1973 is hereby allowed. It is directed that the

appellant be released on bail on furnishing personal bond in the sum of Rs.2,50,000/- (Rs.Two Lacs and Fifty thousand Only) with one solvent the

condition that he shall remain present before the Court concerned during trial and also comply with the conditions enumerated under Section 437 (3) of

Criminal Procedure Code, 1973 with following further conditions:

(i) the applicant shall prepare a demand draft for Rs.1,00,000/- (Rupees one lakh only) of any Nationalized Bank in favour of Zila Bal Sanrakshan

Samiti, Distt. Ratlam (State Bank of India Account No.31863593860; IFSC Code SBIN0030437) to be utilized for the purpose of providing basic

amenities, clothing, food/food items and other essential amenities required for old age people living in old age homes, vidhwas living in vidhwa

aashrams and orphans living in orphanage in the city of Ratlam in dire need of such amenities/facilities and the amount so deposited shall have no

bearing or relevance on the pending trial to the prejudice of the applicant.

(ii) (a) the appellant shall submit the original demand drafts alongwith copy of the order passed today through his counsel before the Principal

Registrar of this Bench, for keeping the same in his safe custody.

(ii) (b) as and when directed, the Principal Registrar shall seek instructions/directions through PUD from this Court for handing over the demand draft

to the concerned authority in that behalf.

(ii)(c) the Registry is directed to accept the original demand draft without mentioning the account number therein. However, ensure that the same is in

relation to the present case.

(iii) the said authority is at its discretion to utilize the amount so deposited as and where it is required upon verification. The Collector, Ratlam is also

directed to maintain a separate account (for production of the record as and when directed for).

(iv) the appellant shall mark his attendance before the concerned police station on 2nd and 4th Saturday every month between 10:00 a.m. to 12:00

noon.

(v) the appellant will abide by the terms and conditions of various circulars well as the local administration from to time in the matter of maintaining

social distancing, physical distancing, hygiene, etc., to avoid proliferation of Novel Corona virus (COVID-19);

(vi) the concerned jail authorities are directed that before releasing the appellant, the medical examination of the appellant be conducted through the

jail doctor and if it is prima facie found that he is having any symptoms of COVID-19, then the consequential follow up action or any further test

required be undertaken immediately. If not, the appellant shall be released on bail in terms of the conditions imposed in this order.

(vii) in the event of violation of any of the terms and conditions of the order by the appellant, the prosecution is at liberty to seek cancellation of the bail

granted to the appellant.

(viii) in future, if the appellant is found to be involved in such nature of cases or any other similar criminal cases or misuse the bail granted by this

Court, this bail order shall stand cancelled automatically.

Learned Panel Lawyer is directed to send an e-copy of this order to all the concerned including the concerned Station House Officer of the police

station for information and necessary action.

E-certified copy as per rules.