Devkaran Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 160 MP

                                                                      1                              CRA-3474-2021
                                         The High Court Of Madhya Pradesh
                                                  CRA No. 3474 of 2021
                                               (DEVKARAN PATEL Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                 Jabalpur, Dated : 04-01-2022
                                       Shri S.K. Pandey, counsel for the appellant.

                                       Shri Devendra Gangrade, Panel Lawyer for the respondent-State.

Heard.

This is second appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 for grant of bail to appellant under Section 439 of the Code of Criminal Procedure.

The first appeal of the appellant was dismissed on merit vide order dated 04.01.2021 passed in CRA No. 5542/2020 with liberty to file a fresh application after recording the statement of the prosecutrix. The statement of the prosecutrix has been recorded on 15.02.2021 and, hence, this appeal has been filed.

Appellant is in custody since 23.09.2020 in connection with Crime No. 289/2020 registered at Police Station Chargavan, District Jabalpur for the offences punishable under Sections 294, 366, 376, 376(D) and 506 of the Indian Penal Code and Sections 3(2)(v), 3(1)(w)(i) and 3(1)(w)(ii) of the

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Learned counsel for the appellant submits that although the prosecutrix has supported the case of he prosecution, but, considering the overall statement of the prosecutrix and the manner in which she has narrated the story, it is otherwise a case of consent, but some how she has lodged the report of rape and, therefore, in such a circumstance, when statements of material witnesses have been recorded and the fact that the statement of the prosecutrix is to be appreciated by the trial court at the time of giving judgment, being an under trial accused, the appellant, who is in jail since 23.09.2020, may be released on bail.

Per contra, learned counsel for the respondent-State has opposed the Signature Not Verified SAN appeal and submitted that in view of the statement of the prosecutrix, the

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2022.01.05 11:29:48 IST 2 CRA-3474-2021 appellant is not entitled to be released on bail.

Considering the rival contention of the learned counsel for both the sides and the statement of the proseuctrix, without commenting anything on merit, this appeal is allowed.

It is directed that the appellant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- with one solvent surety of the like

amount to the satisfaction of the trial Court for his appearance before the Court on the dates fixed by the Court.

I t is further directed that the appellant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

The appeal stands allowed and disposed of. Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE

RAGHVENDRA

Signature Not Verified SAN

Digitally signed by RAGHVENDRA SHARAN SHUKLA Date: 2022.01.05 11:29:48 IST