Golu @ Shubham Dhakad vs State Of Madhya Pradesh And Others

Gurpal Singh Ahluwalia, J

This seventh repeat appeal has been filed under Section 14-A (2) of the Act against the order dated 31.12.2020 passed by Special Judge (Atrocities Act) Vidisha, thereby rejecting the bail application. Sixth appeal of the appellant was dismissed as withdrawn by order dated 22.08.2022 passed in CRA No.6662/2022.

The appellant has been arrested on 28.12.2020 in connection with Crime No.535/2020 registered by Police Station Sironj District Vidisha for offence punishable under Section 498-A, 323, 377, 376, 376D, 34 of IPC and Sections 3(2)(va), 3(1)(w-i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "Act"), 3/4 of Dowry Prohibition Act.

It is submitted by learned counsel for the appellant that although his previous bail applications have already been rejected but he is in jail for the last approximately two years with a temporary bail of one month. It is submitted that only allegation against the appellant is that he had vediographed the forceful sexual assault on the prosecutrix. It is submitted that although the prosecutrix has supported the prosecution case but looking to the period of custody, his appeal for grant of bail may be considered sympathetically.

Per contra, the appeal is vehemently opposed by the counsel for the State as well as the complainant. However, it is fairly conceded that there is no allegation of rape against the appellant.

Considering the nature of allegation and period of detention, 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) 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 trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat and others Vs. State of M.P. Passed on 18.03.2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.