Mahesh vs State Of Madhya Pradesh

Appellant has preferred this first appeal under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act, 1989 in connection with Crime No.265/2018, registered at Police-Station-Raipuriya, District-Jhabua in relation to offence punishable under Sections 363, 366 and 376(2)(n) of the IPC alongwith Section 3(2)(v) of SC/ST(PA) Act, 1989 and Section 5(L)/6 of Protection of Children from Sexual Offences Act, 2012.

According to the prosecution story, on 27/09/2018, the present appellant alongwith co-accused persons namely Babu, Ratnibai and Ashok caught hold the prosecutrix and took her to Gujrat by car and they handed over to the contractor-Shailesh, who committed rape upon her.

Learned counsel for the appellant has submitted that the appellant is innocent and he has not committed any offence. The incident alleged to have been taken place on 27/09/2018, however, the FIR has been lodged on 22/10/2018 i.e. after delay of 25 days. It is further submitted that according to the statement of the prosecutrix recorded under Section 164 of the Cr.P.C., the appellant alongwith other co-accused persons took the prosecutrix to Gujrat and after leaving her alone at Gujrat, he came back. Under these circumstances, at the most offence under Section 363 of the IPC will be made out against the appellant, who is in custody since 08/07/2019. Investigation is over and charge-sheet has been filed. Conclusion of trial will take sufficient long time. Co-accused-Babu has already been granted bail by this Court, vide order dated 24/09/2019 passed in Cr.A. No. 7738/2019 and the case of the appellant is similar to him. Under these circumstances, learned Senior counsel for the appellant prays for grant of bail to the appellant.

On the other hand, learned Public Prosecutor for the respondent/State opposed the application and prayed for its rejection.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without commenting on the merits of the case, by setting aside the impugned order, the appeal is hereby allowed. The appellant is directed to be released on bail on furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.

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.