Prashant Namdev @ Sahil vs State Of Madhya Pradesh And Others

Deepak Kumar Agarwal, J

The appellant has filed this appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the

order dated 22/01/2022 passed by trial Court; whereby, application of appellant preferred under Section 439 of Cr.P.C. has been rejected.

Appellant has been arrested on 15/01/2021 by Police Station Kolaras, District Shivpuri in connection with Crime No.557/2021 registered in relation to

the offences punishable under Sections 376-D, 376(2)(n) and 506 of IPC a n d Sec. 3(w)(ii), 3(2)(5), 3(2)(5-a) and 3(1)(w)(I) of SC/ST Act and

Sec.66(E) of IT Act.

As per the prosecution case, on 19.12.2021 prosecutrix aged about 19 years has lodged a report at Police Station Kolaras, District Shivpuri against the

present appellant and co-accused-Prashant Namdev alleging that about 01 years ago from the date of incident she used to talk with co-accused

Prashant Namdev, who was her neighbour. One day, co-accused Prashant Namdev called her for meeting and committed sexual intercourse with her

and prepared a video. Thereafter, co-accused-Prashant Namdev blackmailed the prosecutrix stating that he has her video and she will have to meet

him whenever he calls her. On 17.12.2021, present appellant called her in his house, where co-accused Prashant Namdev was already there.

Thereafter, both of them committed sexual intercourse with her. Thereafter, she narrated the entire story to her family members. On her report, an

FIR has been registered against the present appellant and co-accused Prashant Namdev for offences punishable under Sections 376-D, 376(2)(n) and

506 of IPC and Sec. 3(w)(ii), 3(2)(5), 3(2)(5-a) and 3(1)(w)(I) of SC/ST Act and Sec.66(E) of IT Act. Prosecutrix was sent for medical examination.

Appellant was arrested on 15.01.2022.

I t is submitted by the learned Counsel for the appellant that the appellant has been falsely implicated and he is in custody since 15/01/2021. It is

submitted that charge sheet is yet to be filed in the matter very soon. Conclusion of trial will take some time. Hence, he prayed for grant of bail.

Learned counsel for the State as well as counsel for the complainant opposed the appeal and prayed for its rejection.

Looking to the circumstances of the case and the fact that appellant is i n custody since 15.01.2022 and conclusion of trial will take time, but without

commenting on the merits of the case, this Court is of the opinion that the appeal should be allowed and by allowing the appeal it is ordered that if

appellant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the

trial Court, he should be released on bail.

He will present during trial before the trial Court on each and every date. Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules/directions.