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Judgment
They are heard. Perused the case diary.
The appellant has preferred this appeal 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 12.12.2019 passed by learned Special Judge (under SC / ST Act), Jhabua (MP) in Special ST / Bail Application No.19/2019, whereby the prayer for grant of regular bail has been declined.
Appellant has been arrested on 17.08.2019 in connection with crime No.103/2016 registered at Police Station Raipuriya, District Jhabua (MP) for commission of offence punishable under Sections 363, 366, 368-B, 376(2)(n), 109 and 506 of the Indian Penal Code, 1860, under Section 5-L read with Section 6 and Section 5-J read with Section 6 of the Protection of Children from Sexual Offence Act, 2012 and also under Section 3 (2) (v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.
As per prosecution case, on the basis of allegations made by the prosecutrix regarding abduction, criminal intimidation and rape on the pretext of marriage, the present case has been registered against the appellant.
Learned counsel for the appellant has submitted that the appellant innocent and he has falsely been implicated in the present crime. The appellant is in custody since 17.08.2019. The investigation is over and charge sheet has already been filed. The prosecutrix and her parents have already been examined before the trial Court on 21.11.2019 and they have not stated anything against the appellant and turn hostile. Under these circumstances, no alleged offence is made out against the appellant. Conclusion of the trial will take sufficiently long time. Under these 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.11150/2019 stands disposed of.
Since the period of Winter Vacation has already elapsed, IA No.10659/2019, an application for urgent hearing during vacation, stands disposed of.