Madhya Pradesh High Court
Ravichandra Sahu vs The State Of Madhya Pradesh on 20 July, 2018
THE HIGH COURT OF MADHYA PRADESH
(Ravichandra Sahu vs. State of Madhya Pradesh & Another)
Criminal Appeal No.5013/2018
JABALPUR Dated : 20.07.2018
Shri Anil Khare, learned counsel for the appellant.
Shri Arvind Singh, learned GA for the respondent No.1/State.
Shri Ashok Kumar, learned counsel for the respondent No.2/complainant.
Heard with the aid of case diary.
This criminal appeal has been filed under Section 14 (2) of SC/ST (Prevention of Atrocities) Act against the order dated 31/05/2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, in B.A. No.223/2018; whereby learned Special Judge rejected the bail application filed by the appellant Ravichandra Sahu under Section 439 of Cr.P.C. to get bail in Crime No.177/2018 registered at Police Station Sarai, District-Singroli (M.P) for the offence punishable under Sections 363, 366 of IPC, Section 4/6 of POCSO Act and Section 2(2)(5) of Scheduled Castes & Scheduled Tribes Act.
As per prosecution case, on 01/05/2018 appellant abducted the prosecutrix who was minor at the time of incident and took her to Sidhi where he kept her for three days and committed rape with her. During investigation on 07/05/2018 police arrested the appellant. On that appellant filed an application under Section 439 of Cr.P.C. for releasing him on bail, which was rejected by the learned Special Judge, SC/ST (Prevention of Atrocities) Act vide order dated 31/05/2018. Being aggrieved by the impugned order, appellant filed this Criminal Appeal.
Learned counsel for the appellant submits that appellant has not committed any offence and has falsely been implicated in the offence. The prosecutrix was major at the time of incident and she went with the applicant on her own will. He further submits that the appellant is in custody since 07.05.2018. The charge-sheet has been filed and the conclusion of trial is likely to take long time, hence prayed for release of the appellant on bail.
THE HIGH COURT OF MADHYA PRADESH (Ravichandra Sahu vs. State of Madhya Pradesh & Another) On the other hand, learned counsel for the State as well as complainant opposed the prayer and submitted that the appellant abducted the minor girl and committed rape with her, so he should not be released on bail.
Looking to the facts and circumstances of the case and as to the fact that charge-sheet has been filed and conclusion of trial will take time and the appellant is in custody since 07.05.2018, so without commenting on the merits of the case, the application is allowed and appellant-Ravichandra Sahu is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.
This order will remain operative subject to compliance of the following conditions by the appellant :
1.1. The appellant will comply with all the terms and conditions of the bond executed by him;
1.2. The appellant will cooperate in the trial, as the case may be; 1.3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact 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; 1.4. The appellant shall not commit an offence similar to the offence of which he is accused;
1.5. The appellant will not seek unnecessary adjournments during the trial; and 1.6. The appellant will not leave India without previous permission of the trial Court, as the case may be.
Certified copy as per rules.
(Rajeev Kumar Dubey) Judge vs Digitally signed by VARSHA SINGH Date: 2018.07.23 17:54:05 +05'30'