Research › Search › Judgment

Madhya Pradesh High Court · body

2020 DIGILAW 1015 (MP)

Mukesh Yadav v. State Of M. P.

2020-10-06

SANJAY DWIVEDI

body2020
JUDGMENT Sanjay Dwivedi, J. - Heard. 2. This first criminal appeal under Section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has been filed by the appellant seeking bail in connection with Crime No.170/2020 registered at Police Station-Singhpur, District-Shahdol, for the offence punishable under Sections 376(2)(n), 506-B of the Indian Penal Code and Section 3(2)(v) of the SC/ST Act. 3. Learned counsel for the appellant submits that though the case of rape has been registered against the appellant, but it is not a case of rape as the complainant was living with the appellant in live-in relation for last four years and out of the said relation, she had also given birth to a child and after almost 5-6 years, she made a complaint to the police lodging FIR against the present appellant. Upon these submissions, he prays that the appellant may be released on bail. 4. Learned Panel Lawyer appearing for the respondent/State opposes the bail application and submits that there is a past criminal record of the appellant and he has been involved in several criminal cases. He further submits that considering his past criminal record, the appellant is not entitled to be released on bail. 5. However, from perusal of the case-diary and considering the contentions of learned counsel for the parties, without commenting anything on merits, I am of the opinion that the present appellant can be enlarged on bail, therefore, this appeal is allowed. 6. It is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the Court concerned for his appearance on the dates given by it. 7. It is further directed that the appellant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure. 8. The jail authority is also directed to ensure that the appellant is examined by the jail doctor to ascertain that he is not afflicted with the COVID-19 virus. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event, the jail doctor is of the opinion that the appellant can be released, then he shall be released. 9. If the doctor suspects otherwise, the appellant shall be referred to the appropriate hospital for further management as per the protocol laid down by the State. In the event, the jail doctor is of the opinion that the appellant can be released, then he shall be released. 9. A copy of this order be forwarded to the concerned trial Court through e-mail.