Madhya Pradesh High Court
R.Shekh Yusuf vs The State Of Madhya Pradesh on 3 March, 2017
CRA-620-2017
(R.SHEKH YUSUF Vs THE STATE OF MADHYA PRADESH)
03-03-2017
Shri Ashok Koshta, learned counsel for the appellant.
Shri A.N. Gupta, learned Panel Lawyer for the respondent/State.
Shri Laxman Prasad, learned counsel for the respondent no. 2. Heard.
This Criminal Appeal has been filed on behalf of the appellant under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The appellant is in custody since 1.2.2017 in connection with Crime No.222/2016, registered at Police Station Kemor, District Katni (M.P.) for the offence punishable under Section 354 of the Indian Penal Code and Section 3(2)(5-A) of SC/ST Act. Applicant is a constable in M.P. Police department posted at Police Station Kemor. The prosecutrix is also a lady police constable in M.P. Police and at the time of incident she was posted in same police station and now she has been transferred to police station Vijayrahogarh, District Katni. Allegedly, the applicant used to come to the house of the prosecutrix who are living alone in her house. On promise of marriage complainant tried to touch body of the prosecutrix. One day when the prosecutrix was bathing then the applicant took her photographs. She was mentally harassed by the applicant. Number of times he came to her house by jumping the boundary wall of her house. On her oral complaint to her senior officers, no action was taken. Thereafter, on her written complaint, report was lodged in a Mahila Thana on 24.11.2016. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The applicant and complainant were working in the same police station. He has been falsely implicated by the complainant due to some enmity. Except offence under section 3 (2) (5-A) of SC/ST Act, other offence is bailable. The applicant is in custody since one month. It is also submitted by him that the applicant is ready to furnish bail as per the order, abiding with all conditions imposed by the Court. Learned Panel Lawyer and learned counsel for the objector objects the application stating that after releasing on bail, the life of the prosecutrix will become risky.
After hearing arguments of the parties and looking to the facts and circumstances of the case , it would be appropriate to release the appellant on bail, therefore, without commenting on the merits of the case, appeal of the present appellant, namely, R. Shekh Yusuf under Section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act, seems to be acceptable. Consequently, it is hereby allowed.
It is directed that appellant be released on bail on her furnishing bail bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand) with one surety of the same amount, to the satisfaction of the trial Court.
Certified copy as per rules.
(H.P. SINGH) JUDGE VKV /-