Madhya Pradesh High Court
Najim Ali vs The State Of Madhya Pradesh on 14 March, 2019
1 CRA-572-2019
The High Court Of Madhya Pradesh
CRA-572-2019
(NAJIM ALI Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 14-03-2019
Shri Narendra Nikhare, learned counsel for the for the
appellant/accused.
Shri Ramji Pandey, learned P.L. for the respondent No. 1/State.
Heard. Case diary perused.
This is an appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act against the impugned order dated 31/12/2018 passed by the Special Judge, S.C./S.T (Prevention of Atrocities) Act, Raisen in Special Case No. 154/18 whereby the court below has dismissed the application filed by the appellant/accused under Section 439 of Cr.P.C.
The appellant/accused is in custody since 10/12/2018 for the offence under Sections 363, 366-A, 376, 376(B), 376(2)(N) of IPC, sections 3, 4, 5 (L), 5(J), 6 of the POCSO Act and Sections 3 (2) (v), 3(2)(W)(i) of SC/ST Act in Crime No.643/2018 registered at Police Station Obedullaganj, District Raisen.
As per the prosecution story, the allegation against the appellant/accused is that he abducted the minor prosecutrix and committed rape with her.
It is submitted by learned counsel for the appellant that the appellant is innocent and he is in custody since 10/12/2018. Trial is still pending. The prosecutrix is aged about 18 years. It is further submitted that looking to the material available on record the case seems to be of consensual relationship. There is no likelihood of his absoconding and tempering with the evidence. Hence, the appellant be enlarged on bail.
On the other hand, learned G.A. opposed the bail application and prayed for rejection of the appeal.
Having considered the facts and circumstances of the case and on Digitally signed by PANKAJ NAGLE Date: 15/03/2019 11:02:18 2 CRA-572-2019 perusal of the case diary, this Court is of the view that this is not a case in which the appellant is required to be kept in custody during the whole trial, hence, the impugned order is set aside and this appeal is allowed.
It is ordered that the appellant/accused Nazim Ali be released on bail on his furnishing a personal bond in the sum of Rs. 35,000/- (Rs. Thirty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial court for securing his presence before the said Court on all the dates of hearing fixed in this regard during trial and for complying with the conditions enumerated in sub-section (3) of Section 437 of Cr.P.C.
This order shall remain effective till the end of the trial but in case of bail jump it shall become ineffective.
CC as per rules.
(AKHIL KUMAR SRIVASTAVA) JUDGE pn Digitally signed by PANKAJ NAGLE Date: 15/03/2019 11:02:18