Amar Singh vs State Of Madhya Pradesh And Others

Deepak Kumar Agarwal, J

Despite service to the prosecutrix, none appeared on her behalf.

This criminal appeal filed by the appellant under Section-14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brief "the Act") against the order dated 21.04.2023 passed by Special Judge (SC/ST Prevention of Atrocities Act) Shivpuri (M.P.) whereby, the application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

The appellant has been arrested on 17.03.2023 in connection with Crime No.46/2023 registered at Police Station- Satanwada District- Shivpuri (M.P.) in relation to the offence punishable under Sections 376, 342, 506 of IPC and Sections 3(1)(W)(ii), 3(2)(V), 3(2)(V-A) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

In brief, facts of the case are that on 10.03.2023 at about 11 AM, prosecutrix had gone to celebrate Bhai-Dooj in her neighbour Vimla's House where prosecutrix was alone in the house. Thereafter, present appellant accused entered in the house and seeing the prosecutrix alone in the house, he pulled her in the tapariya of Vimla's house and then closed the door. Thereafter, present appellant committed sexual intercourse forcefully and also threatened her with dire consequences if she tells the story to anyone. Prosecutrix anyhow manage to reach her house and narrated the story to her husband, but could not lodge the report. After six days, aforesaid report was lodged. Prosecutrix was sent for medical examiantion. During examination, nothing adverse was found. Applicant was arrested on 17.03.2023.

Learned counsel for the appellant submits that the appellant is innocent and he has been falsely implicated in the case. It is further submitted that the FIR is highly belated and prosecutrix is a married lady aged about 45 years. For the sake of argument, prosecutrix story if believed, it is a matter of consent and offence punishable under Section 376 is not made out. Appellant is in custody since 17.03.2023 and he is the permanent resident of District Shivpuri (M.P.). Conclusion of trial will take time. There is no likelihood of his absconsion or tampering with the evidence. The appellant is ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

Per contra, learned counsel for the State vehemently opposed this criminal appeal and prayed for its rejection.

Learned counsel for the complainant vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case-diary.

Looking to the facts and circumstances of the case and without commenting on merits of the case, this Court is of the opinion that appeal should be allowed and by allowing the appeal and setting aside the order dated 21.04.2023 passed by the trial Court, it is ordered that if appellant furnishes a cash security of Rs.500/- alongwith bail bond o f Rs.500/- (Rupees Five Hundred only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. Appellant will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.500/- shall be forfeited without giving him any notice.

Before parting with the case, this Court is experiencing that trial Court is blindly rejecting the bail application without going through the provisions of law and facts of the case in the case-diary. The State Government with the consultation of High Court has established the Court in outline Tahsils as well as Districts so that needy person be not forced to approach the High Court. But to my utter surprise, learned Special Judge (SC/ST Prevention of Atrocities Act) Shivpuri (M.P.) has failed to perform his duty.

Let a copy of this order be sent to the Portfolio Judge for necessary information.

Learned Special Judge (SC/ST Prevention of Atrocities Act) Shivpuri (M.P.) - Shri Ajay Kumar Singh is advised that while deciding the bail application, he should not blindly reject the same in future. First go through the provisions of Act and case-diary and then pass an appropriate order.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.