Ajay Varkade, And Others vs State Of Madhya Pradesh And Others

Anjuli Palo, J

This is first appeal filed by the appellants under Section 14-A of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail.

The appellants are in custody since 17.08.2020 in connection with Crime No.266/2020 registered at P.S. Mandla, District Mandla for the offences punishable under Sections 294, 323, 342, 354, 506, 376(d) & 34 I.P.C. and Sections 3(1)(w)(i)(ii), 3(1)R, (1)S and 3(2)(V) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellants submits that the appellants are innocent and have been falsely implicated in this case. The statement of the prosecutrix has been recorded before the trial Court during trial, wherein she has turned hostile. As per the MLC report of the prosecutrix, no any internal or external injury has been found. Charge-sheet has been filed. The

Appellants are in custody since 17.08.2020. The trial would take considerable time, therefore, it is prayed that the appellants be granted bail.

Learned Panel Lawyer for the State has vehemently opposed the contentions of the appellants.

Considering the overall facts and circumstances of the case and the fact that the prosecutrix has turned hostile during trial and no any internal or external injury has been found by the doctor in the MLC, I deem it appropriate to release the appellants on bail, therefore, without commenting on the merit of the case, the appeal is allowed.

It is directed that appellants namely Ajay Varkade, Chandra Deo, Mohit, Ashish Bhavre and Govind shall be released on bail on furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) each with one surety each in the like amount to the satisfaction of the trial Court concerned for their appearance before the said Court on all such dates as may be fixed in this regard during the pendency of trial.

It is further directed that the appellants shall comply with the provisions of Section 437(3) of the Cr.P.C.

Disposed of accordingly.