Madhya Pradesh High Court
Rajkumar vs The State Of Madhya Pradesh on 13 December, 2021
Author: Sushrut Arvind Dharmadhikari
Bench: Sushrut Arvind Dharmadhikari
1 CRA-5472-2021
The High Court Of Madhya Pradesh
CRA No. 5472 of 2021
(RAJKUMAR Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Jabalpur, Dated : 13-12-2021
Shri Siddhant Kochar, learned counsel for the appellant.
Shri Anshul Mishra, learned Public Prosecutor for the
respondent/State.
Heard the learned counsel for the parties and perused the case diary. This first appeal preferred under section 14(A) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 assails the order dated 06.08.2021 passed by the Special Judge (SC/ST Act), Raisen; whereby appellant's application under section 439 of the Code of Criminal Procedure has been rejected.
The appellant has been arrested by Police Station Sultanganj, District Raisen (M.P.) in connection with Crime No.58/2021, registered in relation to the offences punishable under Sections 376, 450, 506, 342 of IPC, Sections 3(1)(w)(ii), 3(2)(v), 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989.
Prosecution story, in short, is that on 25.06.2021, at about 11:00 p.m., when the prosecutrix was sleeping in a room inside her house and her husband and children were sleeping outside the house, at that time, the present appellant came inside her room from the backside of the house and forcefully dragged her towards the backside of the house and closed her mouth with a cloth. Thereafter, the present appellant tore her blouse and subjected her to sexual assault. He also threatened her that if she makes a complaint to anybody, he will kill her. When the husband of the prosecutrix did not find her on the bed, he came at the backside of the house and saw the appellant and his wife in a compromising position. Thereafter, the present appellant ran way from the spot. On the basis of the aforesaid, crime has been registered.
Learned counsel for the appellant submits that appellant has been falsely implicated in the case. He is in custody since 20.07.2021. Charge Signature Not Verified SAN Digitally signed by VARSHA CHOURASIYA Date: 2021.12.15 11:37:03 IST 2 CRA-5472-2021 sheet has been filed, therefore, no further custodial interrogation is required. According to medical report, no internal or external injury has been found on the body of the prosecutrix, who is aged about 40 years. The prosecutrix and the appellant were having some previous animosity. There are no criminal antecedents against the appellant. Trial will take time to conclude finally.
Appellant is the permanent resident of District Raisen. There is no likelihood o f his absconsion or tampering with the prosecution evidence, if he is released on bail. With the aforesaid submissions, prayer for grant of bail is made.
On the other hand, learned Public Prosecutor prays for its dismissal by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.
Considering the overall facts and circumstances of the case coupled with the fact that the trial is not likely to conclude in near future and prolonged pre-trial detention being an anathema to the concept of liberty and the material placed on record does not disclose the possibility of the appellant fleeing from justice, this Court is inclined to extend the benefit of bail to the appellant.
Consequently, the impugned order dated 06.08.2021 passed in SC ATR No.83/2021 is set aside and this appeal under section 14(A) of SC/ST (Prevention of Atrocities) Act 1989 stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh Only) with two local solvent sureties each of Rs.50,000/- (Rupees Fifty Thousand Only) to the satisfaction of the concerned trial Court.
This order will remain operative subject to compliance of the following conditions by the appellant:-
1.The appellant will comply with all the terms and conditions of the bond executed by him;Signature Not Verified
2. The appellant will cooperate in the investigation/trial, as the case may SAN Digitally signed by VARSHA CHOURASIYA Date: 2021.12.15 11:37:03 IST 3 CRA-5472-2021 be;
3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The appellant shall not commit an offence similar to the offence of which he is accused;
5. The appellant will not seek unnecessary adjournments during the trial; and
6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.
(S. A. DHARMADHIKARI) JUDGE vc Signature Not Verified SAN Digitally signed by VARSHA CHOURASIYA Date: 2021.12.15 11:37:03 IST