Jagdish vs State Of Madhya Pradesh And Others

Subodh Abhyankar, J

The appellant has preferred this criminal appeal under Section 14(A) (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989, feeling aggrieved by order dated 20/12/2023 passed by Special Judge(SC/ST[PA]Act), District Rajgarh (MP) in Bail Application No.SCATR 293/2023, whereby the prayer for grant of regular bail has been declined.

Appellant has been arrested on 11/10/2023 in connection with Crime No.770/2023 registered at Police Station Rajgarh, District Rajgarh for offence punishable under Sections 376, 450 of IPC and Sections 3(i)(W) (ii), 3(2)(v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

The allegation against the appellant is of committing rape.

Counsel for the appellant at the outset has submitted that the prosecutrix has already been examined in the trial Court and she has not supported the case of the prosecution. Copy of the deposition is also placed on record. Hence, it is submitted that the appeal be allowed and the appellant be released on bail.

Counsel for the respondent/State, on the other hand has opposed the prayer and prays for its rejection.

Having considered the rival submissions and perusal of the case diary as also the statement of the prosecutrix and taking note of the fact that the appellant is in jail since 11/10/2023 and conclusion of the trial is likely to take sufficiently long time, this Court finds force with the contention raised by the counsel for the appellant.

Consequently, by setting aside the impugned order of the trial Court, the appeal is hereby allowed. It is directed that the appellant shall be released on bail on his furnishing a bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the learned trial Court for his regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

It is made clear that after being released on bail, if the appellant again indulges himself in any criminal activity, the present bail order shall stand cancelled without further reference to the Court and the police shall be entitled to arrest the appellant in the present case also.

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

Certified copy as per rules.