Santosh S/O Champalal Rathore vs State Of Madhya Pradesh

Shailendra Shukla, J

Submissions were made on second repeat appeal filed by appellant - Santosh S/o Champalal Rathore under Section 14 A

(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, in respect of Crime No.122/2020 registered at Police-Station-Satwas, District-Dewas (MP) for allegedly committed offence under Sections 376, 376(2)(N) and 506 of Indian Penal Code, 1860 and Sections 3(1)(w)(II) and 3(2))(va) of SC/ST (PA) Act, 1989.

As per earlier order, notice to prosecutrix has been served. Learned counsel for the appellant submits that prosecutrix has

been examined and in view of her deposition bail has been sought to be allowed because on account of statements made in para 6 of her deposition, this appears to be apparently a case of consensual relation. He submits that prosecutrix is a married lady and she knows that appellant is also a married person and despite the aforesaid factual situation she had entered into physical relation with the appellant and had lodged a report against him when he refuses to marry her. The appellant is in jail since 08.04.2020 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Para 6 of the evidence has been read over as per which the prosecutrix has stated that the appellant used to ravish her in a locked room and make her out of the room when he himself get out of the room from the back door. This act had happened number of times and it has been done repeatedly as per the statement of prosecutrix. In para 8, she admits that she used to go to meet the appellant on her own accord.

Learned counsel for the respondent/State was also heard who has opposed the bail application.

After due consideration of the facts and circumstances of the case and in view of the submissions mainly those made by learned counsel for the appellant a case is made out for grant of bail to the appellant. Accordingly the appeal filed by appellant - Santosh S/o Champalal Rathore is being allowed. The appellant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand only) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during trial. The appellant shall also abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973. Criminal Appeal No.5927 of 2020 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance.

Certified copy as per Rules.