Smt. Sobharani vs The State Of Madhya Pradesh
2023 Latest Caselaw 15145 MP

                                                           1
                           IN     THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                      BEFORE
                                       HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                                            ON THE 13 th OF SEPTEMBER, 2023
                                           CRIMINAL APPEAL No. 11232 of 2023

                          BETWEEN:-
                          SMT. SOBHARANI S/O SHRI BARELAL AHIRWAR, AGED
                          ABOUT 45 YEARS, OCCUPATION: HOUSEWIFE R/O
                          VILLAGE JARUAKHEDA P.S NARYAWALI DISTRICT
                          SAGAR (MADHYA PRADESH)

                                                                                       .....APPELLANT
                          (BY SHRI JAFAR KHAN - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH P.S
                                NARYAWALI    DISTRICT  SAGAR   (MADHYA
                                PRADESH)

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

                                                                                    .....RESPONDENTS
                          (BY SHRI B. K. UPADHYAY - 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) Act, 1989 for grant of bail filed on behalf of appellant against the order dated 26.08.2023 passed in B.A. No.1387/2023.

T h e appellant has been arrested on 08.08.2023 in connection with (FIR)/Crime No.280/2023 dated 01.08.2023 registered at Police Station

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/14/2023 4:22:41 PM

Naryawali, district Sagar, for the offences punishable under Sections 376, 376(2)(n), 366-A, 506 of IPC and Sections 3(1)(w)(i) 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 08.08.2023 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, age of prosecutrix is around 23 years. It is claimed in the FIR that prosecutrix was being forced by the applicant to have sexual relationship with co-accused. The period of offence is said to be between 01.08.2022 to 01.05.2023, while the FIR was lodged on 01.08.2023. It is argued that no convinced reason has been given by the prosecutrix under which pressure she was agreeing to the terms of applicant and was having sexual relationship with the co-accused.

Considering the facts and circumstances of the case, this Court deems it appropriate to release the appellant on bail. Therefore, without commenting on the merits 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 Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/14/2023 4:22:41 PM

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 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 pnm

Signature Not Verified Signed by: POONAM MANEKAR Signing time: 9/14/2023 4:22:41 PM