Neta Alias Sunil 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 the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Case Diary is available.

This appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the order dated 22/03/2021 passed by Special Judge (SC & ST, Prevention of Atrocities Act), rejecting the bail application filed by the appellant under Section 439 of CrPC.

The appellant has been arrested on 22/02/2021 in connection with Crime No.86/2018, registered by Police Station:Station Road, District Morena for offence punishable under Sections 366, 376(D), 506 of IPC and under Sections 3 (2)(v-a), 3(1)(w)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the Counsel for the appellant that multiple statements of the prosecutrix under Section 161 of CrPC and under Section 164 of CrPC were recorded. According to the prosecution case, on 10/02/2018, the prosecutrix left her house to watch Gwalior Mela without informing any of her relatives. In Gwalior Mela, she met with the co-accused Ravindra, who took her to a room where it is alleged that he committed rape on her. Thereafter, on the information given by Ravindra, the present appellant and other co-accused persons came on the spot and committed rape on the prosecutrix. It is further submitted that on the next date, the prosecutrix was taken away by other co-accused persons and was detained for few days. It is submitted that according to the prosecution case, except the allegations of committing rape on 10/02/2018, there is no other allegation that the appellant had ever met with the prosecutrix. It is further submitted that it is clear from the statement which was recorded under Section 161 of CrPC on 15/6/2018, the prosecutrix was having her mobile with her on 10/02/2018, which according to her, was taken away by the co-accused on 11/02/2018. It is further submitted that if the prosecutrix was gang raped by the appellant and other co-accused persons, then she could have informed her parents or relatives on mobile but that was not done. It is further submitted that it appears that the appellant has been falsely implicated. Further, co-accused Ravindra alias Rabbo and Bablu alias Balua were tried and in the said trial, the prosecutrix has turned hostile and did not support the prosecution case and accordingly, the co-accused Ravindra and Bablu have been acquitted. It is submitted that although the evidence led in the trial during the absence of the appellant cannot be read but the fact that the prosecutrix did not inform her parents about the commission of gang rape in spite of the fact that she was having her mobile during the entire night on 10/02/2018, makes the story very doubtful. It is further submitted that under these circumstances, the circumstance of remaining out of clutches of the prosecution for the last three years may be ignored. 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 vehemently opposed by the Counsel for the State. It is submitted that the offence was committed in the month of February, 2018 whereas the appellant has been arrested on 22nd February, 2021 i.e. after three years.

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.

In the light of the judgment passed by the Supreme Court in the case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.