Anil Sahu vs State Of M.P. & Another

S.A.Dharmadhikari, J

At the outset, learned Additional Advocate General apprised this Court that respondent no.2/complainant has been informed with regard to pendency

of this appeal as required under section 15A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the

Actâ€​).

This criminal appeal has been preferred under section 14A(1) of the Act against the impugned order dated 29.07.2021 passed by Special Judge (under

the SC & ST Act), Guna, whereby appellant's application under Section 439 of the Code of Criminal Procedure has been rejected by the Court below.

The appellant has been arrested by Police Station Kumbraj, District Guna, in connection with Crime No. 144/2021 registered in relation to the offences

punishable under Sections 376, 456, 506 of IPC and Section 3 (2)(va) & 3 (1)(w)(ii) of SC & ST Act.

Prosecution story, in short, is that on 05/6/21, the complainant has lodged a complaint in the police station concerned to the effect that on 30/04/2021 at

about 11 Pm in the night, when three children of the prosecutrix were sleeping in the room alongwith her and her husband had gone away for doing his

job, at that time she heard the noise of knocking of the door, therefore, she opened the door, at that time, the present appellant forcefully entered into

the room and thereafter, he dragged the prosecutrix on the ground and forcefully committed rape upon her. On the basis of aforesaid, appellant has

been implicated in the present case.

Learned counsel for the appellant submits that the appellant has been falsely implicated in the case. He is in custody since 09/6/2021. Charge-sheet

has been filed. No further custodial interrogation is required. The FIR has been lodged after a delay of 36 days and no sufficient explanation has been

given by the prosecution for the same, which indicates after thought FIR. In the MLC report, no external or internal injury has been shown on the

body of the prosecutrix. The Doctor concerned has opined that no definite opinion about sexual intercourse can be given. The FSL report is pending.

The prosecutrix is a consenting party. The trial will take time. Learned counsel for the appellant further submitted that in view of COVID-19 outbreak,

detention of appellant in already congested prisons may be detrimental. There is no likelihood of absconsion or tampering with the evidence and he is

ready to abide terms and conditions which may be imposed by this Court. With the aforesaid submissions, it is prayed that appellant be released on

bail.

Learned counsel for the respondents opposed the application on the ground that the appellant played active role in commission of the offence and

three criminal cases have already been registered against the appellant forming criminal antecedents and prayed for its rejection by contending that on

the basis of material available on record, no case for grant of bail is made out.

Considering the overall facts and circumstances of the case coupled with the fact that trial is not likely to conclude in near future and prolonged pre-

trial detention being an anathema to the concept of liberty, this Court is inclined to extend the benefit of bail to the appellant.

Accordingly, without expressing any opinion on merits of the case, this application is allowed and it is directed that the appellant namely Anil Sahu be

released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh only) with two local solvent sureties, each of Rs.

50,000/- to the satisfaction of the trial Court/committal Court for his appearance on the dates given by the concerned Court. The appellant shall also

furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the Central Government,

State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene etc. to avoid

proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the appellant:-

The appellant shall install Aarogya Setu App (if not already installed) in his mobile phone.

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will cooperate in the investigation/trial, as the case may be;

The appellant will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade

him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The appellant will not seek unnecessary adjournments during the trial;

The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

If the appellant commits any offence while being on bail, then this order shall automatically stand cancelled without reference to the Court.

Accordingly the appeal is allowed and the impugned order is hereby set aside.

Learned Additional Advocate General is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for

information and necessary action.

E- copy of this order be sent to the Court below, if possible, by the office of this Court.

Certified copy/e-copy as per rules/directions.