Pankaj Kumar vs State Of Madhya Pradesh

Appellant has preferred this repeat (second) appeal under Section 14-A (2) of the SC/ST (Prevention of Atrocities) Act, 1989, feeling aggrieved with the order dated 14/03/2019 rendered by Special Judge (SC/ST), Indore in Special Case No. 2/2019, whereby the prayer for regular bail has been declined.

Appellant has been arrested in connection with Crime No. 186/2018, registered at Police-Station-Mahila Thana, District-Indore in relation to offence punishable under Sections 376, 376(2)(n), 294, 323 and 506 of the IPC alongwith Sections 3(2)(v), 3(2)(v)(a) and 3(1)(w)(ii) and of the SC/ST(PA) Act, 1989.

As per the prosecution case, on 18/10/2018, the prosecutrix lodged a report against the appellant alleging that on 20/08/2017, he took the prosecutrix to his rented room and committed rape upon her.

Learned counsel for the appellant submits that the appellant is innocent and he has falsely been implicated in the alleged offence. Earlier bail application of the appellant was dismissed by this Court, vide order dated 10/04/2019 passed in Cr.A. No. 2676/2019 granting liberty to renew his prayer after recording the court statement of the prosecutrix. The prosecutrix is a major lady aged about 25 years and she has been examined before the trial Court on 8/08/2019 and from her court statement, it is clearly apparent that she was the consenting party. The appellant is in custody since 08/11/2018 Conclusion of trial will take sufficient long time. There is no possibility of absoncison or tempering with the evidence. Under these circumstances, learned counsel for the appellant prays for grant of bail to the appellant.

On the other hand, learned Public Prosecutor for the respondent /State and learned counsel for the complainant/objector 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.