Amit Singh vs State Of Madhya Pradesh And Others

J. P. Gupta, J

None present for the respondent no.2/victim despite of service of notice.

This is an appeal filed under section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order

dated 16/10/2020 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Satna in Special Case No.768/2020 whereby the court below

has dismissed the application filed by the appellant under section 439 of the Cr.P.C.

The appellant is in custody since 05/10/2020 for the offence under section 363, 336 of IPC, section 11/12 of POCSO Act and section 3(2)(v) of the

SC/ST (Prevention of Atrocities) Act in Crime No.194/2020 registered at Police Station Kotar, District Satna.

The allegation against the appellant/accused is that he kidnapped the prosecutrix with the intention to marry or commit illicit intercourse with the

prosecutrix, who was minor and belong to SC/ST community.

Learned counsel for the applicant/accused submitted that applicant is innocent person and he is in custody since 05/10/2020. The charge sheet has

been filed and trial will take time. The applicant has no criminal antecedent. Further submitted that as per statement given under section 164 of the

Cr.P.C by the prosecutrix, she herself went with the applicant with her own will and she is matured girl having love relationship with the applicant and

she has fallen in love with the applicant. In the circumstances, the applicant's further custody is not warranted and prayer is made to enlarge the

applicant/accused on bail.

Learned PL for the respondent/State has opposed the bail and prayed for rejection of the same.

Considering all facts and circumstances of the case, in view of this Court the applicant is entitled to get benefit of bail. Hence without commenting

anything on the merits of the case, impugned order is set aside and this appeal is allowed. It is ordered that the appellant/accused namely Amit Singh

be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand only) with one solvent surety in the like

amount to the satisfaction of the trial court for securing his presence before the said Court on all dates of hearing fixed in this regard during trial and

for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C

Certified copy as per rule.