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Judgment
The appellant has preferred this appeal (fifth) 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, feeling aggrieved by order dated 25.04.2018 passed by learned Special Judge (under SC / ST Act), Shajapur (MP) in Special ST No.38/2018 / Bail Application No.2143/2018, whereby the prayer for grant of regular bail has been declined.
Appellant has been arrested on 24.01.2018 in connection with crime No.18/2018 registered at Police Station Shajapur, District Shajapur (MP) in connection with offence punishable under Sections 366, 365, 370, 370 (a) (2), 120-B, 376 (2) (n) and 506 of the Indian Penal Code, 1860 and also under Sections 3 (2) (v) and 3 (2) (v-a) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.
As per prosecution case, on the basis of allegations made by the prosecutrix, the alleged offence under Sections 366, 365, 370, 370 (a) (2), 120-B, 376 (2) (n) and 506 of the Indian Penal Code, 1860 and also under Sections 3 (2) (v) and 3 (2) (v-a) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 has been registered against the appellant.
Learned counsel for the appellant has submitted that earlier appeal of the appellant was dismissed as withdrawn by granting liberty to revive the prayer for grant of bail after recording of Court statement of the prosecutrix. Now, the prosecutrix has been examined before the trial Court on 03.04.2019. From perusal of her court statement, it is apparent that she is well educated major lady aged about 25 years and she had gone with the appellant out of her own will. She also accepted that the appellant took her with the permission of her parents, which clearly indicates that she was the consenting party. The appellant is in custody since 24.01.2018. Conclusion of the trial will take sufficiently long time. Co-accused Daulat Singh @ Dule Singh s/o Dhan Singh Gurjar has already been enlarged on bail by this Court vide order dated 10.05.2019 passed in Criminal Appeal No.3453/2019; and the case of the present appellant is similar to him. Under these changed circumstance, learned counsel for the appellant prays for grant of bail to the appellant.
Learned Public Prosecutor for the respondent / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the appellant on bail; hence the appeal filed by the appellant be dismissed.
Considering the facts and circumstance 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 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, Criminal Appeal No.9218/2019 stands disposed of.
C. c. as per rules.