Jeevan Singh Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 9139 MP

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          THE HIGH COURT OF MADHYA PRADESH
                        CRA No. 7714/2021
    (JEEVAN SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND
                            ANOTHER)

Gwalior, Dated : 22/12/2021

      Shri D.S. Tomar, Counsel for appellant.

      Shri C.P. Singh, Counsel for State.

      None for the complainant.

      It is submitted by the Counsel for the State that the complainant

has been informed about the pendency of this appeal, as required

under Section 15-A of the Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act.

      Case Diary is available.

      This appeal has been filed under Section 14-A(2) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act

against the order dated 23.11.2021 passed by the Special Judge

(Atrocities Act) Vidisha, rejecting the bail application.

      The appellant has been arrested on 28.10.2021 in connection

with Crime No.09/2012 registered by Police Station - Karariya,

District Vidisha for offence punishable under Sections 452, 376, 323,

34 of IPC and Section 3(1)(12) of the SC/ST (Prevention of

Atrocities) Act.

      It is submitted by Counsel for the appellant that according to

the prosecution case, the appellant had committed rape on prosecutrix

in the year 2012. After obtaining the DNA test report and

investigating the matter, the Police was of the view that no offence
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          THE HIGH COURT OF MADHYA PRADESH
                        CRA No. 7714/2021
   (JEEVAN SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND
                           ANOTHER)

has been disclosed against the appellant, and accordingly, a closure

report was filed which was rejected by the competent court by order

dated 23.03.2021. It is submitted that now the appellant is in jail from

28.10.2021

and the trial is likely to take sufficiently long time and

there is no possibility of his absconding or tampering with

prosecution case.

Per contra, the appeal is vehemently opposed by the Counsel

for the State. The appellant has been recently arrested but fairly

conceded that initially the Police itself had filed the closure report

which was rejected in the month of March, 2021 only.

In view of the fact that Police had earlier filed the closure

report and the same has been rejected as well as the offence was

committed in the year 2012 and the appellant is in jail for near about

last two months and without commenting on the merits of the case,

the appeal is allowed. It is directed that the appellant be released on

bail on furnishing a personal bond in the sum of Rs. 1,00,000/-

(Rs.One Lac Only) with one surety in the like amount to the

satisfaction of the Trial Court/Committal Court to appear before the

Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in

case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the

THE HIGH COURT OF MADHYA PRADESH CRA No. 7714/2021 (JEEVAN SINGH YADAV Vs THE STATE OF MADHYA PRADESH AND ANOTHER)

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2021.12.22 16:43:39 +05'30'