Vinod Das vs State Of Madhya Pradesh And Ors

They are heard. Perused the case diary.

The appellant has preferred this appeal (first) 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 438 of the Code of Criminal Procedure, 1973, feeling aggrieved by order dated 12.12.2019 passed by Special Judge, Dhar (MP) in Bail Application No.313/2019, whereby the prayer for grant of regular anticipatory bail has been declined.

Appellant has been apprehending his arrest in connection with crime No.280/2019 registered at Police Station Rajod, District Dhar (MP) in relation to offence punishable under Sections 376, 354, 452 and 506 of the Indian Penal Code, 1860 and also under Section 3 (1) (w) (i) and 3 (2) (v-a) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.

As per prosecution case, the prosecutrix has made allegations of assault or criminal force with intent to outrage her modesty, rape and criminal intimidation; hence, the present case has been registered against the appellant.

Learned counsel for the appellant has submitted that the appellant is innocent; and he has falsely been implicated in the present crime. According to the contents of the FIR, the appellant first time committed rape with the prosecutrix on 20.07.2018 and she also disclosed the said incident to her husband, but they have not lodged any report against the appellant. It is alleged that on 09.11.2019, when the prosecutrix was sleeping in her house along with her children, the appellant came to her house and caught hold her with intent to outrage her modesty. When she shouted, the appellant run away from the spot. Next day, when her husband came to the house, she narrated the story to him, however, he discouraged her to lodge FIR. Then she narrated the incident to son of her brother-in law (Jeth); and thereafter, she lodged FIR. The appellant has obtained copy of report lodged by the complainant against him on 10.11.2019 at Police Station Rajod, District Dhar (MP) in which she has not made any allegation against the appellant regarding commission of rape or physical assault with intention to outrage her modesty. In the aforesaid report, she has alleged regarding a dispute which arose between the parties on previous enmity, which clearly indicates that the prosecutrix has made a false report against the appellant regarding commission of rape or outrage her modesty. Under these circumstances, no alleged offence is made out against the appellant. The appellant is ready to cooperative with the investigation and there is no possibility of his absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the appellant prays for grant of anticipatory bail to him / her.

Learned Public Prosecutor for the respondent / State of Madhya Pradesh as well as learned counsel for the objector / victim submit that no sufficient ground is made out for releasing the appellant on anticipatory 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 in the event of arrest, applicant Vinod Das s/o Bagdiram Das shall be released on bail, upon executing a personal bond in the sum of Rs.75,000/- (rupees seventy five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The appellant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Criminal Appeal No.26/2020 stands disposed of.