Madhya Pradesh High CourtKeval Singh Sakhbar vs The State Of Madhya Pradesh on 6 April, 2021Author:Rajeev Kumar ShrivastavaBench:Rajeev Kumar ShrivastavaCRA-2159-2021\n\n                                The High Court Of Madhya Pradesh\n                                         CRA-2159-2021\n                       (KEVAL SINGH SAKHBAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)\n\n\n         Gwalior, Dated : 06-04-2021\n                Shri Raj Kumar Shrivastava, learned counsel for the appellant.\n\n                Shri Lokendra Shrivastava, learned Public Prosecutor for respondentNo.1/State.I.A. No. 9756/2021, an application for urgent hearing and I.A.\n\n         No.10314/2021, an application underSection 301(2)of CrPC, are taken up,\n\n         considered and allowed for the reasons mentioned therein.Shri Rajesh Goswami, learned counsel and his associates are permitted to\n\n         appear on behalf of the complainant to assist the State counsel.This is          criminal appeal filed underSection 14(A)(2)of SC/ST Act\n\n         against the order dated 08/02/2021 passed by Special Judge (Atrocities), Morena by\n\n         which the regular bail application of the appellant has been rejected.The appellant has been arrested on 23/01/2021 in connection with Crime\n\n         No.322/2020 registered at Police Station Dimni, District Morena for offence underSections 307,323,294,34of IPC andSections 3(1)(r),3(1)(s),3(2)(Va)of SC/ST\n\n         Act.It is submitted by learned counsel for the appellant Keval Singh Sakhbar\n\n         that the appellant has not committed any offence. He has falsely been implicated in\n\n         this case. Appellant is aged around 50 years and he in custody since 23/01/2021, i.e.\n\n         for more than two months. This is second criminal appeal at the instance of the\n\n         appellant for grant of bail. Earlier appeal was dismissed as withdrawn at the very\n\n         outset. The appellant is not the main accused. The main accused of this case is\n\n         Kishanpal, who has caused stab wound to the victim. As per prosecution story, the\n\n         allegation against the present appellant is of causing injury by means of lathi. Now\n\n         investigation is complete and charge-sheet has been filed. Trial will take its own\n\n         time. Appellant is ready to abide by any condition which may be imposed by this\n\n         Court. Hence, prays for grant of bail to the appellant.Per contra, learned State counsel as well as learned counsel for the\n\n\n\n\n1 of 3\n                                                                                  CRA-2159-2021\n\n         complainant have vehemently opposed the appeal and have submitted that offence\n\n         is registered against the appellant underSections 307,323,294,34of IPC andSections 3(1)(r),3(1)(s),3(2)(Va)of SC/ST Act. It is further submitted that present\n\n         appellant has caused injury on the head of the victim by means of lathi and in case\n\n         of grant of bail to the appellant, the prosecution witnesses will be adversely\n\n         affected. Hence, prayed to reject this repeat criminal appeal.Heard learned counsel for the rival parties and perused the materials available\n\n         on record.Considering the fact that the appellant- Keval Singh Sakhbar is not the main\n\n         accused of this case as well as looking to the age of the appellant which is around\n\n         50 years, without commenting on merits of the case, this criminal appeal is allowed.\n\n         It is directed that the appellant be released on bail on his furnishing a personal bond\n\n         in the sum of                                                       with one surety in\n\n         the like amount to the satisfaction of the trial Court/Committal Court to appear\n\n         before the trial Court on the dates given by the concerned Court.In view of COVID-19 pandemic, the jail authorities are directed that before\n\n         releasing the appellant, his Corona Virus test shall be conducted and if it is found\n\n         negative, then the concerned local administration shall make necessary\n\n         arrangements for sending the appellant to his house, and if it is found positive then\n\n         the appellant shall be immediately sent to concerning hospital for his treatment as\n\n         per medical norms. If the appellant is fit for release and if he is in a position to\n\n         make his personal arrangements, then he shall be released only after following\n\n         guidelines issued by local administration.After release, the appellant is further\n\n         directed to strictly follow all the instructions which may be issued by the Central\n\n         Govt./State Govt. or Local Administration for combating the Covid19. If it is found\n\n         that the appellant has violated any of the instructions (whether general or specific)\n\n         issued by the Central Govt./State Govt. or Local Administration, then this order\n\n         shall automatically lose its effect, and the Local Administration/Police Authorities\n\n         shall immediately take him in custody and would send him to the same jail from\n\n         where he was released.2 of 3\n                                                                                     CRA-2159-2021\n\n                This order will remain operative subject to compliance of the following\n\n         conditions by the appellant:1. The appellant will comply with all the terms and\n                            conditions of the bond executed by him;2. The appellant will cooperate in the investigation/trial,\n                            as the case may be;3. The appellant will not indulge himself in extending\n                            inducement, threat or promise to any person acquainted\n                            with the facts of the case so as to dissuade them from\n                            disclosing such facts to the Court or to the Police\n                            Officer, as the case may be;4. The appellant shall not commit any offence similar to\n                            the offence of which he is accused;5. The appellant will not move in the vicinity of\n                            complainant party and applicant will not seek6. The appellant will not leave India without previous\n                            permission of the trial Court/Investigating Officer, as7. The appellant will inform the SHO of concerned\n                            police station about his residential address in the said\n                            area and it would be the duty of the Public Prosecutor\n                            to send E-copy of this order to SHO of concerned\n\n\n                This repeat criminal appeal stands                in above terms.E- copy of this order be sent to the trial Court concerned for compliance.\n\n                Certified copy/ e-copy as per rules/directions.(RAJEEV KUMAR SHRIVASTAVA)\n                                                                  JUDGE\n\n         Shubhankar\n\n                      SHUBHANKAR\n                      MISHRA\n                      2021.04.06\n                      14:37:36 +05'30'\n\n\n\n\n3 of 3