Madhya Pradesh High Court
Jagdish Jaiswal vs The State Of Madhya Pradesh on 19 November, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2024:MPHC-IND:32652
1 CRA-11054-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 19th OF NOVEMBER, 2024
CRIMINAL APPEAL No. 11054 of 2024
JAGDISH JAISWAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Nilesh Patel, learned counsel for the appellant.
Shri Jayesh Yadav, learned counsel for the respondent/state.
Shri Sachin Arya, learned counsel for the respondent no.2.
ORDER
1. This is the first criminal appeal filed by the appellant for grant of regular bail under section 14-A(2) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 read with Section 439 of Cr.P.C. relating to Crime No.595/2023 registered at Police Station Petlawad, District Jhabua for the offence under sections 344, 376(2)(n), 376-D and 506 of Indian Penal Code and Sections 3(1)(w)(ii) and 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
2. As per prosecution story, prosecutrix is a single woman having minor kid and she started living in Petlawad, whose neighbour were co- accused Neeru and Anita. On 26.08.2023 at about 8:00 PM, three persons came to her home, when she asked about those three persons, then co- accused Manki, Neeru, Gobari and Anita told her that we know each other.
Signature Not Verified Signed by: SOURABH YADAV Signing time: 20-11-2024 09:48:50NEUTRAL CITATION NO. 2024:MPHC-IND:32652 2 CRA-11054-2024 Thereafter, co-accused Suresh, Pappu Meda and present appellant also came there. All the women co-accused closed the door from outside, then Jagdish, Pappu and co-accused persons Pappu and Suresh committed gang rape whole night upon the prosecutrix. On the next morning, co-accused Manki, Neeru and Gobari opened the door, then they told the prosecutrix if she does not act according to them, then they will kill her. Three days, after getting opportunity, she anyhow managed to ran away from there and narrated the whole incident to Govind Patidar and Mangilal Patidar. Accordingly, offence has been registered.
3. Learned counsel for the appellant submits that appellant is an innocent person and he has been falsely implicated in this offence. He is in custody since 31.08.2024. The case of prosecution is not supported by MLC report. It is also submitted that the prosecutrix has been examined before the trial court wherein she has categorically stated that the applicant had not committed rape upon her. Apart from that, the prosecution has not declared her hostile. Investigation is over and charge-sheet has been filed. The final conclusion of trial shall take sufficient long time. Hence, he prays that the present appellant be enlarged on bail.
4. Per-contra, learned counsel for respondent / State opposed the appeal and prayed for its dismissal.
5. Learned counsel for the objector has no objection in granting bail to the appellant.
6. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the Signature Not Verified Signed by: SOURABH YADAV Signing time: 20-11-2024 09:48:50 NEUTRAL CITATION NO. 2024:MPHC-IND:32652 3 CRA-11054-2024 fact that prosecutrix (PW-1) has been examined before the trial Court; in Para 11 of her examination-in-chief she has categorically stated that accused/appellant did not commit any rape upon her and in Para 4 she has specifically deposed that Suresh Meda has committed rape upon her and final conclusion of trial will take considerable long time. In view of the statement of prosecutrix, without commenting upon the merits of the case, I deem it proper to release the appellant on bail.
7. Accordingly, application is allowed. It is directed that the appellant Jagdish be released on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required. He shall abide by the conditions enumerated u/S. 483 of BNSS.
Certified copy as per rules.
(PRAKASH CHANDRA GUPTA) JUDGE Sourabh Signature Not Verified Signed by: SOURABH YADAV Signing time: 20-11-2024 09:48:50