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Judgment
Heard.
This is an appeal under section 14-A(2) of the Scheduled Caste & Scheduled Tribes (Prevention of Atrocities) Act against the order dated 07.12.2018 passed by Special Judge (SC/ST Act), Indore in B.A.No.4279/18 whereby the trial Court has rejected the prayer for bail to the appellant in connection with Crime No.79/18 registered at Police Station GRP, Indore for the offences under sections 354, 341, 294, 323, 506 IPC and under section 3(1)(xi) of the SC/ST Act.
As per prosecution case, the complainant, who belonged to Scheduled Caste and is a fruit and vegetable vendor, was travelling in train and the appellant who is railway police officer took photographs of the complainant and tried to outrage her modesty. The accused/appellant also used force, twisted her hand and also snatched her mobile phone and a sum of Rs.3000/-. Consequently, she lodged a complaint against the appellant under sections 354, 341, 294, 323, 506 IPC and under section 3(1)(xi) of the SC/ST Act.
Learned counsel for the appellant submits that the complainant was in fact travelling in the train without ticket and the appellant being a railway officer was performing his duty to check the ticket-less passengers, however, the complainant could not produce any ticket and the appellant has been falsely implicated in the offence. He, therefore, prays for releasing of the appellant on bail.
Per contra, learned counsel for the complainant/objector submits that she being a member of the Scheduled Caste was subjected to violation of modesty by the appellant.
Heard. Perused the case diary.
The case diary contains the statement of the witnesses wherein it has been mentioned by one of the witnesses viz. Usha Tiwari that the complainant was travelling without ticket and when she could not produce the ticket and refused to pay penalty, an altercation took place between the parties. This evidence prima facie shows that there is substance in the contentions advanced by the counsel for the appellant. Accordingly, the appeal is allowed and the impugned order is hereby set aside. The appellant is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial court for his regular appearance before the trial court during trial with a condition that he shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
C.c as per rules.