Prakash Yadav vs State Of M.P. & 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 18/02/2021 passed by Special Judge, Shivpuri rejecting the bail application.

The appellant has been arrested on 01/02/2021 in connection with Crime No.357/2017 registered by Police Station Khaniyadhana, District Shivpuri for offence punishable under Sections 452, 435, 436, 427, 294, 323, 147, 148, 149 of IPC and under Section 3(2)(iii), 3(2)(iv), 3(2)(v), 3(1)(Ya), 3(1)(Da) 3(1)(Dha), 3(2)(5-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

It is submitted by the counsel for the appellant that the appellant was never absconding and even the charge sheet against him was not filed under Section 299 of Cr.P.C. According to the prosecution case, a minor girl aged about two and half years was raped by an accused and by way of retaliation, mob of 100-150 persons attacked the colony of the persons belonging to the caste of the accused, who had committed rape and damaged their houses and their belongings. It is also alleged that they were beaten inhumanly. It is submitted that even if the entire allegations are accepted, then it is clear that a heinous offence of rape upon a girl aged about two and half years was committed. As a result of which there was an uproar in the society and, therefore, the offence is alleged to have taken place. The appellant has been falsely implicated. This Court has granted bail to various co-accused persons against whom the allegations are same. The appellant is in jail for the last more than one month. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case. This Court by order dated 17/03/2021 passed in CRA No.1769/2021 has granted bail to the co-accused Manoj Yadav, Ravindra Yadav and Neelam Singh Yadav.

Per contra, the appeal is opposed by the Counsel for the State. Considering the period of detention as well as 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.

Certified copy as per rules.