The court may grant bail under the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, considering the custody duration and potential trial delay, without commenting on the merits of the case.

JUDGMENT

Rajeev Kumar Shrivastava, J. - Present criminal appeal filed u/S.14(a)(2) of Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989, assails the order dated 04.12.2021 passed by the Special Judge (atrocities), Datia (M.P.); whereby, the application preferred by appellant herein u/S.439 of Cr.P.C. has been rejected.

Appellant has been arrested on 03/07/2021 in connection with offences punishable u/S. 363, 365 of the IPC and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act, 1989 and added Sections 11/13 of MPDVPK act, Section 25(1) (a), 30 of arms act and Sections 39/192(1), 146, 196, 3/181 of Motor Vehicles act, registered as Crime No.115/2021 by Police Station Pandokhar, District Datia (M.P.).

Learned counsel for the appellant- Mahesh @ Halke has submitted that the appellant has not committed any offence. He has falsely been implicated in this case. appellant is in custody since 03/07/2021. Co-accused has already been granted bail by this Court vide order dated 28.01.2022 passed in Cr.a. No.7936/2021. Trial will take its own time. The appellant is ready to abide by any condition which may be imposed by this Court. Hence, considering the aforesaid facts, learned counsel prays for grant of bail to the appellant.

Learned State counsel has vehemently opposed the submissions made by learned counsel for the appellant and prayed for dismissal of this criminal appeal.

Heard learned counsel for the parties through VC and perused the case diary. Considering the arguments advanced by learned counsel for the appellant along with fact that appellant is in custody since 03/07/2021 and trial will take its own time, without commenting on merits of the case, the appeal is allowed. It is hereby directed that the appellant shall be released on bail on her furnishing a personal bond of Rs.1,00,000/-(Rupees One Lac Only) with one solvent surety in the like amount to the satisfaction of the trial Court concerned.

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 co-operate 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 them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant shall not commit any kind of offence. In case of commission of any kind of offence, this bail order shall automatically stand canceled;

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of trial Court/ Investigating Officer, as the case may be.

This criminal appeal stands disposed of in above terms.

Let a copy of this order be sent to the Court concerned for information. Certified copy as per rules.