Prakash vs State Of Madhya Pradesh And Others

Prakash Chandra Gupta, J

Heard with the aid of case diary.

This is first criminal appeal under Section 14 (A)(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (as amended by Act of 2015) read with Section 439 of the Code of Criminal Procedure, 1973 filed by appellant, who is implicated in connection with Crime No.154/2024 registered at Police Station-Barwah District-Khargone (M.P.) for offence punishable under Sections of the 366, 376, 376 (2)(N) and 506 of the IPC and Section 3(1)(w-ii), 3(2)(v) and 3(2)(va) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

As per prosecution case, prosecutrix is a major lady. There was friendship between prosecutrix and appellant. On 06.06.2023 at around 11 a.m. after calling by the appellant prosecutrix met with him in a lodge where the appellant told the prosecutrix that he loves her and he also wanted to marry her and appellant committed rape upon her. Thereafter he repeated the aforesaid act several times. Matter was reported on 13.03.2024.

Learned counsel for the appellant submits that appellant has not committed the offence and he has falsely been implicated in the case. It is submitted that prosecutrix is a major lady and also consenting party for sexual intercourse. It is also submitted that matter was reported belatedly by more than nine months without any cogent explanation. Appellant is in jail since 16.03.2024. After investigation, charge sheet has been filed. Conclusion of trial will take sufficient long time for its disposal. Under these circumstances, learned counsel for the appellant prays for grant of bail to the appellant.

On the other hand learned counsel for the non-applicant/State opposes the prayer of the appellant and prays for its rejection.

Heard learned counsel for the parties and perused the record.

Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion on the merits of the case, I am of the view that the criminal appeal filed by the appellant may be accepted. Consequently, setting aside the impugned order, the appeal is hereby allowed.

It is directed that the appellant- PRAKASH shall be released on bail upon execution of personal bond in the sum of Rs.50,000 (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court for his/her regular presence 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.

Accordingly, this Criminal Appeal stands disposed off. C. c. as per rules.