ORDER

The appellant has filed this criminal appeal under Section 14-

A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved by order dated 01.08.2022, passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Gwalior whereby bail application under Section 439 of Cr.P.C. of appellant has been rejected.

Appellant has been arrested on 29.07.2022 by the Police Station-

Girwai District- Gwalior in connection with Crime No.231/2022, registered in relation to the offence punishable under Sections 195-A, 341, 323, 294, 506, 34 of the IPC and Section 3(1)(d,dh), 3(2) (va) of the SC/ST (Prevention of Atrocities) Act.

It is the submission of counsel for the appellant that appellant is prime accused in the case and allegations of offence under Section 195-

A of IPC has been dropped from the charge-sheet and now only non-

bailable provisions are of Atrocities Act and the rest are bailable in nature. Even otherwise, prosecutrix deposed before the trial Court in respect of other case in which allegations of rape under Section 376 of IPC are levelled against the appellant but now he learnt the lesson hard way and would mend his ways to become a better citizen. Confinement amounts to pretrial detention. He undertakes to cooperate in trial and shall not cause any harassment and embarrassment to the complainant in any manner and shall not move in their vicinity. The appellant shall abide by the terms and conditions as imposed by this court. Thus, he prayed for grant of bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of appeal.

Learned counsel for the complainant also opposed the prayer and prayed for dismissal of appeal.

Heard the counsel for the parties at length and perused the case diary.

Considering the submissions and arguments advanced by counsel for the parties, without expressing any opinion on merits of the case, I deem it appropriate to allow this appeal and the impugned order dated 01.08.2022 is set-aside and it is hereby directed that appellant shall be released on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of trial Court.

This order will remain operative subject to compliance of the following conditions by the appellant :-

1.The appellant shall comply with all the terms and conditions of the bond executed by him;

2.The appellant shall cooperate in the investigation / trial, as the case may be;

3.The appellant shall 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 an offence similar to the offence of which he is accused;

5.The appellant shall not move in the vicinity of complainant party and appellant will not seek unnecessary adjournment during the trial;

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

7. Applicant shall not be a source of embarrassment and harassment to the complainant party in any manner and shall not move in the vicinity of complainant side.

Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned and SHO, Police Station concerned for compliance from the office of this Court.

Certified copy as per rules/directions.

(Anand Pathak) Judge Ashish*