Madhya Pradesh High Court
Arun Singh Dangi vs The State Of Madhya Pradesh on 28 November, 2017
1
CRA.5293/2017
Arun Singh Dangi Vs. State of M.P. and Anr.
Gwalior, Dated: 28.11.2017
Shri Amit Tyagi, learned counsel for the appellant.
Shri Kamal Rochlani, learned Public Prosecutor for
respondent/State.
None for the respondent No.2/complainant though served.
Appearing Public Prosecutor for the respondent/State intimates that notice of this criminal appeal has been personally served on complainant/respondent No.2 and her father on 22.11.2017 but none has appeared on behalf of respondent No.2/complainant.
Appearing counsel for the parties heard on criminal appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act") against the order dated 16.11.2017 passed by the Special Judge (Atrocities) Vidisha, whereby regular bail petition filed on behalf of appellant -Arun Singh Dangi has been dismissed in relation to Crime No.567/2017 (Special S.T.No.223/2017) registered at Police Station Dehat, Vidisha in reference to offence punishable under Sections 452 and 354 of the IPC and Section 3(1)(w-1) and Section 3(2) (va) of the SC and ST Act and Section 3/7 of the Protection of Children from Sexual Offences Act (in short "POCSO") and the produced case diary is perused.
The prosecution case in short is that when 12 years prosecutrix/complainant on 06.11.2017 at about 4pm was 2 in her house with her mother, then appellant came to the bicycle puncture shop of her grandfather and entered into the house of the prosecutrix and demanded tool (pana) from prosecutrix and at that time he pressed her breasts and on her shouting, he fled away, thereafter, matter was reported by the prosecutrix on the next day i.e. 07.11.2017 at 02:15 pm at Police Station Dehat, Vidisha.
It appears from the case diary that prosecutrix intimated to the Investigation Officer that as there is no injury on her body, she was not desirous to medical examination.
Appearing counsel for the appellant contends that appellant has been arrested on 08.11.2017 and, thereafter, he is detained in jail and there is no possibility of early conclusion of the trial before special Court and charge-sheet has already been filed in concerned Court and no alleged offence is punishable with life imprisonment, hence, it is prayed that his appeal against above-mentioned impugned order be allowed and he be released on regular bail.
Per contra, the above mentioned prayer has been strongly opposed by learned Public Prosecutor on the ground that prosecutrix is about 12 years minor girl and prosecutrix belongs to Schedule Caste and looking to the nature of the offence, if the appellant is released on bail, the society will be adversely affected.
On perusal of the case diary and photocopy of the charge-sheet, it appears that the FIR was lodged on next day at concerned police station and at the time of incident prosecutrix's mother was also present in the 3 house and no alleged offence is punishable with life imprisonment and there is no possibility of fleeing away of the appellant and also he is having no criminal history and the conclusion of trial will take sufficient time and it does not appear proper to detain the appellant till conclusion of the trial.
Looking to all the facts and circumstances of the case, without commenting on the merits of the case, the appeal filed on behalf of the appellant is allowed and the impugned order dated 16.11.2017 passed by concerned Special Judge, Vidisha is set aside in reference to appellant's bail petition and it is ordered that the appellant-Arun Singh Dangi be released on bail on his furnishing a personal bond in the sum of Rs.30,000/- (Rupees Thirty Thousand only) with solvent surety bond of same amount to the satisfaction of Court concerned for his regular appearance on fixed dates with following conditions:-
1. The appellant shall not commit any other offence in future.
2. He shall not try to influence prosecution witnesses by any manner.
Certified copy as per rules.
(Ashok Kumar Joshi)
Ashish* Judge
ASHISH Digitally signed by ASHISH CHOURASIYA
DN: c=IN, o=HIGH COURT OF M.P. BENCH
GWALIOR, ou=STENO,
CHOURA
postalCode=474011, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b519515 4c3d4de08c6bb9303e52e2e7e728d9bac8 5bd3, 2.5.4.45=032100260A9463D58324D52328 SIYA 0453E96652630D4A0378D7A885DDF9B3 66D91718C5ED, cn=ASHISH CHOURASIYA Date: 2017.11.30 11:14:19 +05'30'