Vimlesh @ Gangaram vs The State Of Madhya Pradesh
2023 Latest Caselaw 12419 MP

                                                          1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                      HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                              ON THE 3 rd OF AUGUST, 2023
                                          CRIMINAL APPEAL No. 8717 of 2023

                         BETWEEN:-
                         VIMLESH @ GANGARAM S/O RAMNATH TIWARI, AGED
                         ABOUT 23 YEARS, OCCUPATION: LABOURER RESIDENT
                         OF VILLAGE ASAULI P.S. AND TAHSIL KHURAI
                         DISTRICT SAGAR (MADHYA PRADESH)

                                                                                      .....APPELLANT
                         (BY SHRI ASEEM DIXIT - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION RAHATGARH DISTRICT SAGAR
                               (MADHYA PRADESH)

                         2.    VICTIM A THROUGH P.S. RAHATGARH DISTRICT
                               SAGAR (MADHYA PRADESH)

                                                                                   .....RESPONDENTS
                         (RESPONDENT NO.1-STATE BY SHRI A. R. BAIN - DEPUTY GOVERNMENT
                         ADVOCATE - AND RESPONDENT NO.2/OBJECTOR BY SHRI S. D. MISHRA -
                         ADVOCATE)

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

This is first Criminal Appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, for grant of bail filed on behalf of appellant against the order dated 03.07.2023 passed in Bail Application No.986/2023.

T h e appellant has been arrested on 24.06.2023 in connection with

Signature Not Verified (FIR)/Crime No.401/2023 dated 22.06.2023 registered at Police Station Signed by: PRASHANT SHRIVASTAVA Signing time: 8/4/2023 4:44:43 PM

Rahatgarh, district Sagar, for the offences punishable under Sections 376(2), 344 and 506 of IPC and Section 3(1)(r), 3(1)(s) and 3(2)(va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989.

Learned counsel for the appellant has submitted that the appellant is innocent and has been falsely implicated in the case. The appellant is in judicial custody since 24.06.2023 and the trial will take long time to conclude. The appellant is a permanent resident of district Sagar and there is no likelihood of their absconding or tampering with the prosecution evidence. In view of the aforesaid, prayer has been made to enlarge the appellant on bail.

Learned counsel for the State has opposed the prayer for grant of bail to

the appellant. However, learned counsel for the objector has no objection on the appeal being allowed.

Heard learned counsel for the parties, perused the case diary and judgment of the trial court.

The prosecutrix in this case is a major lady born in the year 2001. In the report lodged on 22.6.2023, she has claimed that she was in relationship with the appellant for last three years and she even went along with him to Vrindavan where both of them stayed for almost six months. The present appeal is not being opposed by the prosecutrix.

Looking to the facts and circumstances of the case, this Court deems it appropriate to release the appellant on bail. Therefore, without commenting on the merit of the case, the appeal is allowed.

It is directed that the appellant shall be released on bail upon his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the trial Court Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 8/4/2023 4:44:43 PM

concerned for his regular appearance before the said Court on all such dates as may be fixed in this regard during pendency of trial.

It is directed that the appellant shall abide by the conditions enumerated under Section 437(3) of Cr.P.C.

Accordingly, this appeal stands allowed and disposed of.

(ANURADHA SHUKLA) JUDGE ps

Signature Not Verified Signed by: PRASHANT SHRIVASTAVA Signing time: 8/4/2023 4:44:43 PM