Bholaram Kushwah vs State Of MP And Anr

G.S. Ahluwalia, J

It is submitted by the Counsel for the State that the complainant has been informed about the pendency of this appeal, as required under Section 15-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Case Diary is available.

This first appeal has been filed under Section 14-A(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order dated 15/02/2021 passed by Special Judge (Atrocities), Ashok Nagar, rejecting the application filed by the appellant under Section 439 of CrPC.

The appellant has been arrested on 09/02/2021 in connection with Crime No.10/2021 registered at Police Station Naisarai, District Ashok Nagar for offence under Sections 363, 366-A, 376 of IPC, under Section 3/4 of POCSO Act and under Sections 3(1)(w)(ii), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the Counsel for the appellant that according to the prosecution case, the prosecutrix who is minor, aged about 17 years,was the friend of co-accused Pankaj Kushwah. On 14/01/2021, Pankaj Kushwah persuaded the prosecutrix to go with him and accordingly, they both went to the house of one relative of co-accused Pankaj Kushwah in Myana, where Pankaj Kushwah had physical relationships with the prosecutrix in the night. It is alleged that on 16/01/2021 co-accused Jagdish as well as the co-accused Pankaj Kushwah brought her back to the bus stand, where she was left. It is submitted that the allegation of assisting the main accused in kidnapping the prosecutrix is false and there is no allegation of committing rape on the prosecutrix. The appellant is in jail from 09/02/2021 and the trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, the appeal is opposed by the Counsel for the State. It is fairly conceded by the Counsel for the State that there is no allegation of rape against the appellant.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/-(Rupees one lac only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

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