Manish Kushwah vs The State Of Madhya Pradesh
2021 Latest Caselaw 1947 MP

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         THE HIGH COURT OF MADHYA PRADESH
                        Cr.A.No.2892/2021
                 (Manish Kushwah Vs. State of M.P.)

Gwalior, Dated:-10.5.2021
      Heard through Video Conferencing.

      Shri Rajmani Bansal, learned counsel for the appellant.

      Shri Naval Kishore Gupta, learned Public Prosecutor for the

respondent/State.

Heard the learned counsel for the parties.

The appellant has filed this appeal under Section 14 (A) (2) of

the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities)

Act, 1989 being aggrieved by order dated 11.2.2021 passed by the

learned Special Judge, Atrocities, Gwalior in Bail Application

No.72/2021; whereby, bail application u/S.439 Cr.P.C. of the appellant

has been rejected.

The appellant has filed this appeal u/S.439 Cr.P.C. for grant of

bail. The appellant has been arrested by Police Station Kampoo,

District Gwalior in connection with Crime No.72/2021 registered in

relation to the offence punishable under Sections 376, 294, 506, 34 of

IPC and section 3 (1) (w) (ii), 3 (2) (v) of Scheduled Castes and

Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted that the appellant is in custody since 1.2.2021.

Learned counsel for the appellant submits that the investigation is

over in the matter and charge-sheet has been filed on 31.3.2021. It is

alleged that the notice to the prosecutrix in terms of section 15A of

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2892/2021 (Manish Kushwah Vs. State of M.P.)

the Act has already been served. It is argued that it is a case of

consent and the prosecutrix has resided with the present appellant for

the whole night without raising any alarm and on the next day she was

accompanied by the present appellant as well as other co-accused and

then she went to the house and thereafter the present FIR has been

registered. It is alleged that she is a major lady and now there is no

requirement for further custodial interrogation of present appellant.

The appellant is the first offender. It is submitted that the appellant

has given an undertaking that the applications of other co-accused

have already been rejected under section 438 of Cr.P.C. and they will

surrender and apply for regular bail within seven working days.

Per contra counsel for the State has opposed the appeal stating

that there are specific allegation against the present appellant in the

statement recorded under section 164 of Cr.P.C. as well as under

section 161 of Cr.P.C. Filing of charge-sheet is not disputed by the

State counsel. Appellant being the first offender as per the case diary

is also not disputed by the State counsel.

Considering the overall facts and circumstances of the case and

also the judgment passed by the Hon'ble Supreme Court in the case of

IN RE : CONTAGION OF COVID 19 VIRUS IN PRISONS in

SUO MOTU W.P. (C) No.1/2020, on 7.5.2020 and without

commenting upon the merits, this Court deems it appropriate to allow

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2892/2021 (Manish Kushwah Vs. State of M.P.)

this appeal. The appeal is allowed subject to the fact that other

co-accused will surrender within seven working days and apply

for regular bail in terms of the undertaking given by the appellant

and also subject to verification that the appellant is the first

offender.

It is hereby directed that the appellant shall be released on bail

on his furnishing personal bond of Rs.50,000/- (Rupees Fifty

Thousand only) with one solvent surety of the like amount to the

satisfaction of Investigation Officer/trial Court, as the case may be

with submission of written undertaking that he will abide by the terms

and conditions of different circulars, orders as well as guidelines

issued by Central Government, State Government as well as Local

Administration for maintaining social distancing, hygiene etc to avoid

Novel Corona Virus (COVID-19) pandemic and he will have to install

Arogya Setu App, if not already installed.

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,

THE HIGH COURT OF MADHYA PRADESH Cr.A.No.2892/2021 (Manish Kushwah Vs. State of M.P.)

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 commit an offence similar to the

offence of which he is 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/Investigating Officer, as the case may be.

7. 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 learned counsel for the State to send E-copy

of this order to SHO of concerned police station as well as concerned

Superintendent of Police who shall inform the concerned SHO

regarding the same.

Appeal stands allowed and disposed of.

E-copy/certified copy as per rules/directions.

(Vishal Mishra) V. Judge Pawar* ASHISH PAWAR 2021.05.11 08:41:34 +05'30'