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2020 DIGILAW 1211 (MP)

Bharat Lal Patel v. State Of M. P.

2020-11-10

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - This is the first criminal appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act (for short "the Act") against the impugned order dated 23.09.2020 passed by the Special Judge, Tikamgarh whereby the Court below has dismissed the application filed by the appellant under Section 439 Cr.P.C for grant of bail. 2. The appellant is in custody since 21.09.2020 in connection with Crime No.98/2020 registered at Police Station-Niwari, District-Niwari for the offence mentioned therein. 3. The allegation against the present appellant is that he called upon the complainant and threatened her not to give evidence in the case registered against his son. 4. Learned counsel for the appellant submits that appellant has been falsely implicated. It is stated that the call was made by the complainant herself. It is further submitted that the trial would take considerable time to conclude, therefore, appellant may be released on bail. 5. On the other hand, learned PL appearing for the State has vehemently opposed the appeal and prayed for rejection of the same. However, he has fairly submitted that there is no past criminal antecedent against the appellant. From the case diary statement of the complainant, it is apparent that the call was made by the complainant herself and not by the accused, as alleged. 6. Considering the aforesaid and as the appellant has no past criminal antecedent, I am of the view that it is a fit case to enlarge the appellant on bail, therefore, without expressing any view on the merits of the case, this appeal is allowed. 7. It is directed that appellant Bharat Lal Patel shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court, for his presence before the said Court on all the dates of hearing fixed in this regard during the trial. 8. This order will remain operative subject to compliance of the following conditions :- "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. 8. This order will remain operative subject to compliance of the following conditions :- "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, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The appellant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically without further reference to the Bench. 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 learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt." 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective email address, for intimation to the Police Station concerned. The office is also directed to forward a copy of this order to the learned Court below. 10. Certified copy/e-copy as per rules/directions.