Jai @ Jabir Faruki vs The State Of Madhya Pradesh
2021 Latest Caselaw 8700 MP

                                                                          1                               CRA-6736-2021
                                              The High Court Of Madhya Pradesh
                                                       CRA No. 6736 of 2021
                                                 (JAI @ JABIR FARUKI Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                                    Indore, Dated : 13-12-2021
                                             Shri Vivek Singh, learned counsel for the appellant.

                                             Shri Viraj Godha, learned Government Advocate for the respondent/

State.

None present for the respondent No.2/ complainant. Case diary is available with the Government Advocate.

With consent, heard finally.

This is an appeal filed under Section 14-A (1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail to the appellant, as he has been arrested on 20.07.2021 in connection with Crime No.177/2021, registered at Police Station Road M.G.Road, District Indore for commission of offence punishable under Sections 376(2)(n), 506 and 384 of IPC, under Sections 3 and 5 of M.P. Freedom of Religion Ordinance and Sections 3(1)(w)(i) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

This appeal is directed against the order dated 09/10/2021 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in B.A.No.100/2021.

Prosecution story in brief, is that applicant knowing the fact that prosecutrix is a member of SC/ST community concealed his religion and impersonated himself as Hindu, made relationship with her and committed rape upon her. Thereafter, threatened, extorted money from her.

It is submitted by the learned counsel for the prosecutrix is a major girl having relationship with the applicant since the year 2016. On earlier occasion also, she lodged an FIR dated 06.06.2017 against the appellant for the offence punishable under Section 354A, 354A(3) and 323 of IPC mentioning his name as Jabir Farukhi, therefore, the fact that the appellant concealed his religion prima facie is not correct. Prosecutrix in her statement recorded Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.14 15:47:07 IST 2 CRA-6736-2021 under Section 164Cr.P.C. as well as statement recorded before trial Court had specifically mentioned about her relations with the appellant on the basis of which vide judgment dated 30.11.2018 passed by JMFC, Inore in Criminal Case No.3390/2017, appellant has been acquitted from the charges in earlier case. Prosecutrix has falsely implicated the appellant in this second FIR only

because she wants to marry with the appellant. He is in custody since 20.07.2021. Due to Covid-19 pandemic, trial will take time to conclude, therefore, it is prayed that the appellant be released on regular bail.

Learned counsel for the respondent/ State opposes the bail application and submits offences alleged against the appellant are of serious in nature. Therefore, he is not entitled to get benefit of regular bail.

Having considered rival submissions, material pointed out by counsel for the appellant, the earlier FIR lodged by the prosecutrix and her statement recorded in that case and also other facts and circumstances of the case, in view of this Court, appellant deserves to be enlarged on bail. Hence, without commenting anything on merits of the matter, this appeal is allowed and order passed by the Special Court is hereby set aside.

I t is directed that the appellant shall be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along with one solvent surety of the like amount to the satisfaction of the trial Court to appear before the court on the dates given by the concerned Court. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

I n view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/ guidelines issued by the Government with regard to COVID-19 before releasing the appellant.

This Appeal stands allowed and disposed of.

C. C. as per rules.

(SATYENDRA KUMAR SINGH) JUDGE Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.14 15:47:07 IST 3 CRA-6736-2021 Vibha

Signature Not Verified SAN

Digitally signed by VIBHA PACHORI Date: 2021.12.14 15:47:07 IST