Mukesh Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 13729 MP

                                                            1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                 AT JABALPUR
                                                       BEFORE
                                        HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                               ON THE 22 nd OF AUGUST, 2023
                                            CRIMINAL APPEAL No. 9932 of 2023

                           BETWEEN:-
                           MUKESH KUSHWAHA S/O RAJARAM KUSHWAHA,
                           AGED     ABOUT       25      YEARS, OCCUPATION:
                           AGRICULTURIST    R/O    VILLAGE    TIKURI,  P.S.
                           KHAJURAHO,    DISTT.    CHHATARPUR     (MADHYA
                           PRADESH)

                                                                                        .....APPELLANT
                           (BY SHRI ANOOP KUMAR SAXENA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 POLICE  STATION  KHAJURAHO,  DISTRICT
                                 CHHATARPUR (MADHYA PRADESH)

                           2.    VICTIM A D/O NOT MENTION THROUG P.S.
                                 KHAJURAHO, DISTRICT (MADHYA PRADESH)

                                                                                       .....RESPONDENT
                           (BY SHRI SHAILENDRA MISHRA - PANEL LAWYER)

                                 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) Act, 1989 for grant of bail filed on behalf of appellant against the order dated 28.07.2023 passed in B.A.No No.264/2023.

T h e appellant has been arrested on 19.07.2023 in connection with (FIR)/Crime No.122/2023 dated 21.04.2023 registered at Police Station Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/23/2023 11:17:06 AM

Khajuraho, District Chhatarpur for the offences punishable under Sections 376(2)(n), 323, 294 and 506 of IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(ii) and 3(2)(5-a) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.

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 19.07.2023 and the trial will take long time to conclude. The appellant is a permanent resident of district and there is no likelihood of his 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.

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

In this case, the prosecutrix is a major lady. It is claimed that she was in relationship with the applicant since 2020 that was at physical level as well. In the year 2023, the applicant refused to marry her, hence, this report was lodged. The statements of prosecutrix recorded under Section 164 of Cr.P.C. suggests that she got the report of rape lodged only under pressure.

Looking to the aforesaid 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 concerned for his regular appearance before the said Court on all such dates as Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/23/2023 11:17:06 AM

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 Nitesh

Signature Not Verified Signed by: NITESH PANDEY Signing time: 8/23/2023 11:17:06 AM