Yusuf @ Bittu vs The State Of Madhya Pradesh
2023 Latest Caselaw 14419 MP

                                                            1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                          AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                            ON THE 2 nd OF SEPTEMBER, 2023
                                           CRIMINAL APPEAL No. 9753 of 2023

                         BETWEEN:-
                         YUSUF @ BITTU S/O SHRI NAYEEM BAIG, AGED ABOUT
                         36 YEARS, R/O BANGALI COLONY SARDAR MOHALLA
                         TEHSIL AND DISTRICT NARMADAPURAM (MADHYA
                         PRADESH)

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

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE    STATION   DEHAR    DISTRICT
                               NARMADAPURAM (MADHYA PRADESH)

                         2.    VICTIM A D/O NOT MENTION NOT MENTION
                               (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (BY SHRI ALOK AGHNIHOTRI - PUBLIC PROSECUTOR)

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

                         following:
                                                             ORDER

This sixth criminal appeal has been filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, (for brevity 'the Act') against the order dated 10.07.2023 passed by District and Sessions Judge, Narmadapuram (MP), whereby the appeal of the appellant seeking bail has been rejected. His earlier appeals have already been dismissed.

The appellant is in custody since 17.04.2021 in connection with Crime

Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 9/4/2023 3:31:18 PM

No.216/2021 registered at Police Station - Dehat, District Narmadapuram (M.P.) for the offence punishable under Sections 376 and 506 of the Indian Penal Code and Sections 3(w)(ii), 3(2)(v) and 3(2)(va) of the SC/ST (Prevention of Atrocities) Act.

This repeat appeal has been filed on the ground that the statement of the prosecutrix has been recorded before the trial Court and there are material contradictions, omissions in her statement. It is submitted that the prosecutrix was a consenting party. It is further submitted that the investigation is complete and the charge-sheet has already been filed in the matter. The appellant is in custody since 17.04.2021. It is further submitted that the appellant is ready to

abide by all the terms and conditions that may be imposed by this Court while considering the appeal. Under these circumstances, he has prayed for grant of bail.

Per contra, counsel appearing for the State has vehemently opposed the contention stating that the prosecutrix has supported the prosecution story. It is further submitted that the contradictions and omissions in the statements of the witnesses cannot be considered at the bail stage in view of the judgment passed by the Hon'ble Supreme Court in the case of Satish Jaggi Vs. State of Chhattisgarh and others reported in 2007 Vol 11 SCC 195. The prosecutrix has categorically stated regarding the act committed by the appellant. There is a prompt FIR. Earlier appeal has already been considered and rejected on merit. No new ground is available to the appellant. Hence, he prays for dismissal of the appeal.

Considering the overall facts and circumstances of the case, looking to the statement of the prosecutrix, this Court does not deem it appropriate to enlarge the appellant on bail at this stage. Consequently, the appeal is hereby Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 9/4/2023 3:31:18 PM

rejected.

(VISHAL MISHRA) JUDGE sj

Signature Not Verified Signed by: SUSHEEL KUMAR JHARIYA Signing time: 9/4/2023 3:31:18 PM