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Madhya Pradesh High Court

Khairu @ Khairuram Dhakad vs The State Of Madhya Pradesh on 14 June, 2023

Author: Sunita Yadav

Bench: Sunita Yadav

                                                            1
                           IN     THE       HIGH COURT OF MADHYA PRADESH
                                                  AT GWALIOR
                                                        BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                ON THE 14 th OF JUNE, 2023
                                             CRIMINAL APPEAL No. 7196 of 2023

                          BETWEEN:-
                          KHAIRU @ KHAIRURAM DHAKAD S/O SHRI GAJRAJ
                          SINGH DHAKAD, AGED ABOUT 44 YEARS, R/O VILLAGE
                          GAD (KATHI) POLICE STATION BADARWAS, DISTRICT
                          SHIVPURI (MADHYA PRADESH)

                                                                                        .....APPELLANT
                          (SHRI RAJIV SHARMA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE    STATION  BADARWAS, DISTRICT
                                SHIVPURI (MADHYA PRADESH)

                          2.    PR OS ECUTR IX THROUGH POLICE STATION
                                BADARWAS DISTRICT SHIVPURI    (MADHYA
                                PRADESH)

                                                                                       .....RESPONDENT
                          (SHRI DINESH SAVITA - PUBLIC PROSECUTOR FOR THE STATE)
                          (SHRI SURESH AGRAWAL - ADVOCATE FOR RESPONDENT NO.2)

                                This appeal coming on for admission this day, th e court passed the
                          following:
                                                             ORDER

This is criminal appeal under Section 14-A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act assails the order dated 2.06.2023 passed by First additional Session Judge, Shivpuri (M.P.), whereby application preferred by the appellant herein under Section 439 of Cr.P.C. has been rejected.

T h e appellant has been arrested on 17.05.2023 by Police Station-

Badarbas, District Shivpuri (M.P.) in connection with Crime No.423 of 2022 registered in relation to the offences punishable under Sections 376(d), 450 and 506 of IPC Section 3(1)(w)(i), 3(2)(va) and 3(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

Allegation against the present appellant-accused is that he along with co- accused person committed rape upon the prosecutrix.

Learned counsel for the appellant argued that appellant is innocent and has been falsely implicated. The entire prosecution story is highly improbable because allegedly the incident occurred in afternoon; however, there is no evidence that the prosecutrix has raised any alarm. It is further argued that allegedly incident occurred on 23.12.2022 and the prosecutrix narrated the incident to her husband whereas the report has been lodged after a delay of 6 days i.e. on 29.12.2022 for which no plausible explanation has been given. As per MLC report, no external or internal injuries was found on the person of the prosecutrix. The appellant is in custody since 17.05.2023. After conclusion of investigation, charge-sheet has already been filed, therefore, there is no requirement of further custodial interrogation of the present appellant. The appellant is permanent resident of District Shivpuri (M.P.) and there is no likelihood of his absconsion, if released on bail. Hence, he prays for grant of bail to the appellant.

Per contra, learned counsel for the State as well as learned counsel for the complainant opposed the appeal and prayed for its rejection.

Considering the facts and circumstances of the case, but without commenting upon the merits of the case, this appeal stands allowed and it is directed that the appellant be released on bail on furnishing a personal bond in Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/15/2023 11:55:25 AM 3 the sum of Rs.50,000/- (Rs.Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned trial Court.

This order will remain operative subject to compliance of the following conditions by the appellant:-

1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4) The appellant will not commit any other offence or will not repeat the offence in future. In case, if he is found involving in the offence of same nature, this bail order shall stand cancelled automatically without further reference to the Bench.

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7. The appellant shall furnish an undertaking before the trial Court concerned to the effect that he will not personally appear near the vicinity of the prosecutrix, Learned State counsel is directed to send an e-copy of this order to the Station House Officer of the concerned Police Station for information and necessary action.

E- copy of this order be sent to the trial Court concerned for compliance, if possible, by the office of this Court.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Ahmad Signature Not Verified Signed by: MOHD AHMAD Signing time: 6/15/2023 11:55:25 AM