Nikhilesh Soni vs State Of MP & Another

Shailendra Shukla, J

Submissions were made on this criminal appeal filed by the appellant under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 against

the order dated 08.01.2021 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Indore, whereby the application filed by the appellant

under Section 438 of Cr.P.C. has been dismissed in connection with Crime No.415/2020 registered at Police Station Sanyogitaganj, District Indore for

the offence punishable under Sections 376, 376(2)(n) and 34 of IPC along with 3(2)(v) of the SC/ST (Prevention of Atrocities) Act.

As per prosecution story, the appellant developed physical relations with the prosecutrix on the pretext of marriage. However, he refused to marry her

later on.

Learned counsel for the appellant submits that prosecutrix/victim has filed an affidavit, which is placed on record, in which she has stated that due to

some mutual differences, prosecutrix had lodged a false report against the appellant, his brother and aunt, both of whom have already been enlarged

on bail. The prosecutrix has stated that she has entered into compromise with the appellant and there is no dispute remaining between them.

Learned Public Prosecutor for the State was also heard who submits that there is no provision for grant of anticipatory bail in a case pertaining to the

SC/ST (Prevention of Atrocities) Act.

Considered.

The co-accused persons have already been granted anticipatory bail relying upon the Apex Court judgement in the case of Dr. Subhash Kashinath

Mahajan vs. State of Maharashtra & another, 2018 (6) SCC 454.

In view of the affidavit filed by the prosecutrix, it appears that the appellant has been able to make out a case for grant of anticipatory bail in this

matter. Consequently, without expressing any opinion on merits of the case, appeal is allowed and it is directed that in the event of arrest, the appellant

â€" Nikhilesh Soni shall be released 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 the Arresting Authority/Investigating Authority. The appellant shall appear before the concerned Station House

Officer on 19.01.2021 and on all further dates as may be given in the matter. In case, he is found absent without any sufficient cause on any dates,

then the bail order passed by this Court shall automatically come to an end without reference to the Court.

A copy of this order be sent to the court concerned for compliance.

With the aforesaid, the criminal appeal stands disposed of.

Certified copy as per rules.