Madhya Pradesh High Court
Rajendra @ Jaadu vs The State Of Madhya Pradesh on 21 September, 2021
Author: Anjuli Palo
Bench: Anjuli Palo
1 CRA-4685-2021
The High Court Of Madhya Pradesh
CRA-4685-2021
(RAJENDRA @ JAADU Vs THE STATE OF MADHYA PRADESH AND OTHERS) Jabalpur, Dated : 21-09-2021 Shri S.K. Gangrade, counsel for the appellant.
Shri Amit Pandey, PL for the State.
Ms. Anita Kaithwas, counsel for the objector. Case diary is available.
This is the first appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act.
The appellant is in custody since 9.3.2021 in connection with Crime No.64/2021 registered at Police Station Sirali, District Harda for the offences punishable under Sections 304, 314, 376(2)(N), 506, 34 of the IPC and Section 3(2)(v), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.
As per prosecution's case, it is alleged that appellant committed rape upon the prosecutrix and when she got pregnant, the appellant along with co- accused Prem Bai gave her some medicines in order to terminate her pregnancy, as a result of which she died. In the post mortem report, the Doctor found that at the time of death, the prosecutrix was carrying fetus of 28-29 weeks. It is alleged that the prosecutrix died on 3.3.2021 and the appellant and co-accused gave her the alleged medicines just two days before her death. .
Learned counsel for the appellant submits that the appellant is innocent and has been falsely implicated in the case. Investigation is complete and challan has been filed. During trial, the statements of some witnesses have been recorded. They have not supported the case of the prosecution and turned hostile. The appellant is in custody and trial will take considerable time to conclude, therefore, he may be released on bail.
Learned Panel Lawyer has opposed the prayer for bail. Learned counsel for the objector has submitted that she has no objection if the appellant is released on bail.
2 CRA-4685-2021 Looking to the overall facts and circumstances of the case and the fact that brother, mother and sisters of the deceased have not supported the case of the prosecution during trial, I deem it to be a fit case to release the appellant on bail, therefore, without commenting on the merit of the case, this appeal is allowed.
It is directed that appellant Rajendra @ Jaadu shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court concerned for his regular appearance before said Court on all such dates as may be fixed in this regard during pendency of trial.
It is directed that the appellant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.
(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2021.09.22 13:45:32 +05'30'