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Madhya Pradesh High Court

Ajay Jatav vs The State Of Madhya Pradesh on 6 December, 2022

Author: Anand Pathak

Bench: Anand Pathak

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    IN THE HIGH COURT OF MADHYA PRADESH
                        AT GWALIOR
                            BEFORE
         HON'BLE SHRI JUSTICE ANAND PATHAK
               ON THE 6th DECEMBER OF 2022

              CRIMINAL APPEAL No. 9513 of 2022

BETWEEN:-
AJAY JATAV S/O SHRI VIKRAM SINGH
JATAV (AHIRWAR) AGED 18 YEARS,
OCCUPATION-STUDENT, R/O VILLAGE
GUDAR,        POLICE     STATION
KHANIYADHANA, DISTRICT SHIVPURI
(MADHYA PRADESH)
                                              .....APPELLANT
(BY SHRI DHARMENDRA SHRIVASTAVA - ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH
THROUGH            POLICE    STATION
KHANIYADHANA, DISTRICT SHIVPURI
(MADHYA PRADESH)
2. PEEDITA / PROSECUTRIX R/O VILLAGE
PURA, POLICE STATION MAYAPUR,
DISTRICT SHIVPURI

                                            .....RESPONDENT
(SHRI BPS CHAUHAN- PUBLIC PROSECUTOR FOR RESPONDENT
NO. 1 /STATE AND SHRI ROHIT SHRIVASTAVA, ADVOCATE ON
BEHALF OF SHRI RAJEEV BUDHOLIYA - ADVOCATE FOR
RESPONDENT NO. 2/COMPLAINANT)
    This appeal coming on for Admission this day, the court passed the
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following:

                                   ORDER

Appellant has filed this criminal appeal under Section 14-A (2) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 28/7/2022 passed by Special Judge(Atrocities), Shivpuri, whereby bail application under Section 439 of Cr.P.C. filed on behalf of appellant has been dismissed by the trial Court.

Appellant has been arrested on 5/7/2022 by Police Station Khaniyadhana, District Ashoknagar in connection with Crime No. 370/2022 registered in relation to the offences punishable under Section 376, 344, 366, 506, 34 of IPC and Section Section 3(1)(w) (l), 3(2) (v) and 3 (2) (v-a) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

It is the submission of learned counsel for the appellant that appellant is suffering confinement since 5/7/2022 on false pretext and charge-sheet has already been filed, therefore, chance of tampering with evidence / witnesses is remote. It is further submitted that story indicates an improbable event. As per allegations, appellant and one unknown person forcefully taken prosecutrix on motorcycle from Khaniyadhana (Shivpuri) to Ahmedabad (Gujrat) covering a distance of around 800 kms within 20 hours and surprisingly present appellant returned back also within that time period. This itself indicates the nature of allegations. In enquiry report filed by Investigating Officer, it has been mentioned that prosecutrix went to Ahmedabad in public transport (bus) and therefore, she always had an occasion to raise alarm if any mischief is committed by any accused 3 regarding her abduction or misbehaviour. Even otherwise, role of appellant does not indicate that he committed offence of rape upon the prosecutrix . Confinement on such false pretext since 5/7/2022 amounts to pretrial detention specially when appellant does not bear any criminal record. He undertakes to cooperate in trial and not to be a source of harassment or embarrassment to the complainant party in any manner. On these grounds prayer for bail is made out.

Learned counsel for the State as well as complainant opposed the prayer and prayed for rejection of appeal.

Heard.

Considering the submissions and fact situation and looking to the period of custody, without commenting on the merits of case while setting aside order dated 28/07/2022 passed by trial Court, appeal is allowed however with certain stringent conditions as discussed by Hon'ble Apex Court in the case of Aparna Bhat Vs. State of M.P. reported in 2021 SCC Online 230. It is directed that appellant be released on bail on his furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousand only) with one solvent surety of like amount to the satisfaction of Trial Court.

This order will remain operative subject to compliance of the following conditions by the appellants :-

1.The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may 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 them 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 be a source of embarrassment or harassment to the complainant party in any manner and would not move in their vicinity and appellant will not seek unnecessary adjournments during the trial;

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7.The Station House Officer of the concerned Police Station is directed as follows:

(i)The Station House Officer shall inform the victim about the release of the appellant on bail.

(ii) In case appellant extends any threat, intimidation or coercion to the complainant side or tries to contact the complainant and her family members in person, through digital mode or through somebody else then complainant side shall be at liberty to file fresh complaint against the appellant before the Police Station and in that condition police shall help the cause of complainant. Complainant shall also be at liberty to move an application for cancellation of bail if any misconduct as referred above is committed by the appellant after being released on bail.

Appeal stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for information compliance.

Certified copy as per rules.

(Anand Pathak) Judge jps/-

DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH JAI PRAKASH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=287738d30aabaeda9b10cecdf179cec865c7633f4cf b9e38ce14fcbb05b9522a, SOLANKI pseudonym=560BC50AD082B9BE54EE290EC8CB2193780D8 357, serialNumber=8D6BC1C9FCE36623D0BD6B8072A2D8C0143 3EBD48AE4F609F108CA8F8DE6B522, cn=JAI PRAKASH SOLANKI Date: 2022.12.07 09:58:05 +05'30'