Vinay Giri Goshwami vs The State Of Madhya Pradesh
2023 Latest Caselaw 9735 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                                ON THE 27 th OF JUNE, 2023
                                           CRIMINAL APPEAL No. 7149 of 2023

                          BETWEEN:-
                          VINAY GIRI GOSHWAMI S/O SHRI SANTOSH GIRI
                          GOSHWAMI, AGED ABOUT 23 YEARS, OCCUPATION:
                          PRIVATE WORKER R/O CHARUA, TEHSIL REHATI
                          DISTRICT SEHORE (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI NEERAJ DUBEY - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                POLICE STATION SCHEDULE TRIBE AND
                                SCHEDULE   CASTE R/O   NARMADAPURAM
                                (MADHYA PRADESH)

                          2.    VICTIM A S/O N.A. N.A. (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (BY SMT. RANJANA AGNIHOTRI - DEPUTY GOVERNMENT 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 10.05.2023 passed in Bail Application No.202/2023.

T h e appellant has been arrested on 20.04.2023 in connection with (FIR)/Crime No.01/2023 registered at Police Station Scheduled Tribe and

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 6/28/2023 1:36:32 PM

Scheduled Caste, district Narmadapuram, for the offences punishable under Sections 366, 376(2)(n), 323, 506 of IPC and Sections 3(1)(r), 3(1)(s), 3(2)(va) and 3(1)(w)(ii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Learned counsel for the appellant has submitted that the appellant is innocent and he has been falsely implicated in the case. The appellant is in judicial custody since 20.04.2023 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.

According to the prosecution case, age of prosecutrix was around 22 years, when she was first time subjected to sexual relationship by the present appellant. It is claimed by her in the FIR that appellant had promised to marry her and acting on that promise she entered into physical relationship. Statements given by her under Section 164 of Cr.P.C. have material improvements as compared to the FIR which was also based on written application given by the prosecutrix.

Considering the overall facts and circumstances of the case, I deem it to be a fit case to release the appellant on bail. Therefore, without commenting on the merit of the case, this appeal is allowed.

It is directed that the appellant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand only) with Signature Not Verified Signed by: POONAM MANEKAR Signing time: 6/28/2023 1:36:32 PM

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 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. Certified copy as per rules.

(ANURADHA SHUKLA) JUDGE pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 6/28/2023 1:36:32 PM