Shrikrishna Pachori vs State Of M.P And Anr

G.S. Ahluwalia, J

It is submitted by the Counsel for the State that the complainant has been informed about the pendency of this appeal, as required under Section 15-A

of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Case Diary is available.

This appeal has been filed under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 being aggrieved

by the order dated 05.02.2021 passed by Special Judge (Atrocities), Gwalior rejecting the anticipatory bail application.

The appellant apprehends his arrest in Crime No. 55/2021 registered by Police Station Morar District Gwalior for offence punishable under Sections

376D, 452, 506, 34 of the IPC and Section 3 (1) W (ii) and Section 3 (2) (V-A) of SC/ST Act, 1989.

According to the prosecution case, applicant along with other co-accused persons had committed rape on the prosecutrix on 29.11. 2018, whereas the

FIR has been lodged on 21.01.2021. The delay of three years in lodging the FIR has not been properly explained because the explanation given by the

prosecutrix that the FIR was not lodged at the earliest, as she was afraid cannot be accepted. It is further submitted that prosecutrix is major aged

about 40 years and the appellant has been falsely implicated only because various instigations are pending between the parties. It is further submitted

that even if the FIR is considered, then it is clear that there is nothing in the same to indicate that the offence was committed merely because of the

fact that the prosecutrix belongs to Scheduled Caste and Scheduled Tribes. Therefore bar as contained under Section 18 and 18-A of SC and ST Act

would not be made out. The applicant is ready and willing to cooperate in the investigation. Trial is likely to take sufficiently long time and there is no

possibility of absconding or tampering with the prosecution case.

Per contra, the appeal is opposed by the counsel for the State. However, it is fairly conceded that FIR was lodged after three years and only

explanation of delay is that the prosecutrix was afraid.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the appeal is allowed subject to condition that

if the appellant appears before the Investigating Officer (Arresting Officer) on or before 4th of March, 2021, he shall be released on bail on his

furnishing a personal bond in the sum of Rs. 1,00,000/- ( Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting

Officer( Investigating Officer).

The appellant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other

conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

It is made clear that in case if the appellant fails to appear before the Investigating Officer (Arresting Authority) on or before 4th of March, 2021, then

this order in respect of the appellant shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

CC as per rules.