Gumansingh vs State Of Madhya Pradesh And Others

This is second Criminal Appeal filed under Section 14-A(2) of SC & ST (PA) Act for grant of bail to the appellant, relating to FIR/Crime No.27/2023 registered at P.S. AJK, Agar District Agar (M.P.) for commission of offence punishable under Sections 354(a), 506 of IPC and section 3(2)(v-a), 3(1)(w-i) of SC & ST (PA) Act. The first Cr.Appeal was dismissed as withdrawn with liberty to renew the prayer after filing of chargesheet.

Counsel for the appellant submits that statement of prosecutrix has been recorded. Though in the examination-in-chief she has supported the prosecution case but in the cross-examination in para-5, she has completely denied the incident and did not support the prosecution case.

Counsel for the respondent No.2/objector submits that he would be filing Vakalatnma on behalf of victim during course of the day and victim has no objection if bail is granted to the appellant.

Counsel for the State opposes the prayer for grant of bail.

After hearing learned counsel for parties and considering para-5 of the court statement of prosecutrix and also the fact that complainant has no objection if bail is granted to appellant, I am of the view that the appellant is entitled for grant of bail. Therefore, without expressing any view on the merits of the case, the Appeal is allowed.

It is directed that Appellant - Gumansingh shall be released from custody upon furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety of the like amount to the satisfaction of the court below.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned. The office is requested to forward a copy of this order to the court below.

C.c. as per rules.