Rajeev Kumar Shrivastava, J
This first criminal appeal under Section 14-A (1) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short “SC/ST
Actâ€) has been filed against the order dated 08/5/2021 passed by Special Judge (SC/ST Act), Datia in Bail Application No.489/2021 by which
regular bail application of the appellant has been rejected.
The appellant has been arrested on 28/5/2020 in connection with Crime No.94/2020 registered at Police Station Jigna, District Datia for offence under
Sections 302, 315, 376(D)(A) and 120-B of IPC, Sections 5(G)(J) and 6 of POCSO Act and Sections 3 (1) (da), 3 (1) (dha) and 3(2)(v) of SC/ST
Act.
It is submitted by learned counsel for the appellant â€" Nikki @ Nikhil that the appellant has been falsely implicated. He has not committed any
offence. Prosecutrix and her parents have been examined before the trial Court. They have not supported the prosecution story and have turned
hostile. It is further submitted that appellant is in custody since last one year. Trial will take long time to conclude. Hence, prayed for grant of bail to
the appellant. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State
Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain hygiene in the vicinity while
keeping physical distancing.
Learned counsel for the State has opposed the appeal and has prayed to reject the same.
Heard learned counsel for the parties at length through VC and considered the arguments advanced by them and perused the available record.
Considering the arguments advanced by learned counsel for the appellant along with the fact that there is bleak possibility of completion of trial in near
future looking to the current COVID-19 situation, without commenting on merits of the case, the application is allowed and it is hereby directed that
the appellant shall be released on bail on his furnishing personal bond of Rs.1,00,000/- (Rupees One Lakh only) with one solvent surety of the like
amount to the satisfaction of the Court concerned for his regular appearance before the Court concerned.
In view of COVID-19 pandemic, the Jail Authorities are directed that before releasing the appellant, his/her Corona Virus test shall be conducted and
if it is found negative, then the concerned local administration shall make necessary arrangements for sending the appellant to his/her house, and if the
test is found positive then the appellant shall be immediately sent to concerning hospital for her/his treatment as per medical norms. If the appellant is
fit for release and if he/she is in a position to make his/her personal arrangements, then he/she shall be released only after taking due travel permission
from local administration. After release, the appellant is further directed to strictly follow all the instructions which may be issued by the Central
Govt./State Govt. or Local Administration for combating the Covid19. If it is found that the appellant has violated any of the instructions (whether
general or specific) issued by the Central Govt./State Govt. or Local Administration, then this order shall automatically lose its effect, and the Local
Administration/Police Authorities shall immediately take him/her in custody and would send him/her to the same jail from where he/she was released.
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/her;
2. The appellant will cooperate in the investigation/trial, as the case may be;
3. The appellant will not indulge herself/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 of which he is accused;
5. The appellant will not move in the vicinity of complainant party and appellant will not seek unnecessary adjournments during the trial;
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
7. The appellant will inform the SHO of concerned police station about his/her residential address in the said area and it would be the duty of the
Public Prosecutor to send E-copy of this order to SHO of concerned police station for information;
Application stands allowed and disposed of. E- copy of this order be sent to the trial Court concerned for compliance.
 Certified copy/ e-copy as per rules/directions.
