Abhishek Meena vs The State Of Madhya Pradesh on 7 July, 2023

[Cites 4, Cited by 8]

Madhya Pradesh High Court

Abhishek Meena vs The State Of Madhya Pradesh on 7 July, 2023

Bench: Prakash Chandra Gupta

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                  BEFORE
                               HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
                                                ON THE 7 th OF JULY, 2023
                                           CRIMINAL APPEAL No. 7853 of 2023

                         BETWEEN:-
                         ABHISHEK MEENA S/O VISHNUPRASAD MEENA, AGED
                         24    YEARS, OCCUPATION: AGRICULTURIST R/O
                         KAKADKUI TEHSIL KHATEGAON DISTRICT DEWAS
                         (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (BY SHRI AKHILESH KUMAR SAXENA - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE   STATION  HARANGAON    THANA
                               HARANGAON TEHSIL KHATEGAON DISTRICT
                               DEWAS (MADHYA PRADESH)

                         2.    VICTIM X THR P.S. HARANGAO THANA THROUGH
                               P.S. HARANGAO TEHSIL KHATEGAON DISTRICT
                               DEWAS (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (BY SHRI VIRAJ GODHA - GOVT. ADVOCATE)

                               Th is appeal coming on for hearing this day, t h e court passed the
                         following:
                                                            ORDER

This is an appeal under Section 14(A)(2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 read with Section 439 of the Code of Criminal Procedure, 1973 filed by the appellant against the impugned order dated 12.05.2023 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Dewas, whereby the learned Trial Court has Signature Not Verified dismissed the application u/S 439 of Cr.P.C..

Signed by: SHRUTI JHA Signing time: 11-07- 2023 10:53:12 2

2. Appellant is in custody since 09.03.2023 for the offence punishable under Section 376(1) of the IPC and Section 3(1)(w)(ii), 3(2)(v) and 3(2)(v-a) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 registered at Police Station Harangaon, District Dewas (M.P.).

3. As per prosecution case, on 08.03.2023, at around 07:00 PM, the prosecutrix was returning home from the house of Suresh Gond alongwith her child, aged about 05 years. When she reached at barn of the applicant, the applicant came and caught hold her hand and told her to go with him. The prosecutrix denied, then the applicant forcibly took her in a field and he committed rape with her. Meanwhile, husband of the prosecutrix came there and caught hold the applicant. An FIR was lodged against the applicant.

4. Learned counsel for the appellant submits that appellant has not committed the offence and he has falsely been implicated in the case. There was love affair between the prosecutrix and the applicant. But the husband of prosecutrix has seen the incident, therefore the FIR was lodged. After completion of investigation, charge-sheet has been filed. Appellant is in jail since 09.03.2022. Conclusion of trial will take sufficient long time for its disposal. Under these circumstances, learned counsel for the appellant prays for grant of bail to the appellant.

5. Per Contra, learned Govt. Advocate for the respondent/State opposes the prayer of the appellant and submits that at the time of the MLC, injuries were found on the body of the prosecutrix. Therefore, the application is liable to be rejected.

6. Heard learned counsel for the parties and perused the record.

7. Considering the facts and circumstances of the case, at this stage, I Signature Not Verified Signed by: SHRUTI JHA Signing time: 11-07- 2023 10:53:12 3 am not inclined to grant bail in favour of the application.

8. The application is accordingly dismissed.

(PRAKASH CHANDRA GUPTA) JUDGE Shruti Signature Not Verified Signed by: SHRUTI JHA Signing time: 11-07- 2023 10:53:12

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