Puneet Kumar Malviya vs State Of Madhya Pradesh And Others

J. P. Gupta, J

This is an appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order

dated 15.9.2020 passed by the Special Judge (S.C./S.T (Prevention of Atrocities) Act), Bhopal, in BA No.3337/2020 whereby the court below has

dismissed the application filed by the appellant under Section 439 Cr.P.C.

The appellant is in custody since 2.9.2020 for the offence under Sections 376 of the IPC and Section 3(2)(v) of the SC/ST (Prevention of Atrocities)

Act in Crime No.571/2020 registered at Police Station, M.P. Nagar, District Bhopal (M.P.).

As per the prosecution story, the applicant is a cousin of first wife of husband of prosecutrix and he administered some drug to the prosecutrix and

committed sexual intercourse with her. The prosecutrix belong to the SC/ST community.

It is submitted by the counsel for the appellant that the applicant is innocent. He is in custody since 2.9.2020. Charge-sheet has been filed. Trial will

take time. It is further submitted that there was a disputed between the husband of the prosecutrix and applicant's sister Sweety, therefore, false

allegations have been made against the applicant and in the trial Court, prosecutrix has expressed no objection in granting bail to the applicant and also

stated that no such incident of rape was taken place. There is no corroborative piece of evidence is available to prove the incident of rape.

There is no likelihood of his absconding or tampering with the prosecution evidence.

Applicant has no criminal antecedents. In these circumstances, further custody is not warranted. Hence, it is prayed that the appellant be released on

bail.

Learned Panel Lawyer opposed the prayer and the counsel appearing on behalf of the complainant has also opposed the application and prayed for its

rejection.

Having considered the contentions made by the learned counsel for the parties and on perusal of the record, in view of this Court, applicant's custody

is not warranted and he is entitled to get the benefit of bail. Hence, the appeal is allowed. It is ordered that the appellant/accused Puneet Kumar

Malviya be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety in the like

amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial

and for complying with the conditions enumerated in sub-section(3) of Section 437 of Cr.P.C.

CC as per rules.