Raja Chakraverty vs State Of Madhya Pradesh

This first criminal appeal has been filed under Section 14-A(1) of SC/ST (Prevention of Atrocities) Act 1989 against the order dated 25.07.2019 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Damoh in bail application No. 499/2018, whereby learned Special Judge rejected the bail application filed by the appellant Raja Chakraverty under Section 439 of Cr.P.C. to get bail in Crime No.179/2018 registered at Police Station Damoh Dehat, District Damoh for the offences punishable under Sections 363, 366, 376(2)(n) of IPC, Section 3 (2)(v) of SC/ST (Prevention of Atrocities) Act 1989 and Section 5(1)(6) of POCSO Act

In total this is second appeal filed by the appellant and earlier appeal filed by the appellant was dismissed as withdrawn vide order dated 03.08.2018 passed in Cr.A.No.5189/2018 with liberty to file afresh after recording the statement of prosecutrix.

As per the prosecution case, appellant abducted the prosecutrix who was minor and took her to Delhi on the pretext of marriage where he kept her and sexually exploited her. On that police registered Crime No.179/2018 for the offence punishable under Section 363 of IPC and arrested the appellant on 29.03.2018. On that appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 25.07.2019. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.

Learned counsel for the appellant submits that appellant has not committed any offence and has falsely been implicated in the offence. It is further submitted that prosecutrix was major and she went with the appellant on her own will. The statements of the prosecutrix and her parents have been recorded by the trial court. Charge sheet has been filed. He is in custody since 29.03.2018 and the conclusion of trial will take time, hence prayed for release of the appellant on bail.

Learned counsel for the State opposed the prayer. Looking to the facts and circumstances of the case and the fact that statements of prosecutrix and her parents have been recorded by the trial court, charge sheet has been filed, he is in custody since 29.03.2018 and conclusion of trial will take time, without commenting on merit, the appeal is allowed and it is directed that the appellant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the concerned Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the appellant :

The appellant will comply with all the terms and conditions of the bond executed by him;

The appellant will cooperate in the trial;

The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer;

The appellant shall not commit an offence similar to the offence of which he is accused;

The appellant will not seek unnecessary adjournments during the trial; and

The appellant will not leave India without prior permission of the trial Court.

C.C. as per rules.