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Judgment
Heard on this appeal under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 filed on behalf of the appellant in Crime No.29/2019 registered at Police Station Bichhiya, District Mandla under Sections 294, 354-A, 506 and 509 read with Section 34 of the Indian Penal Code, and Sections 3 (1) (dha), 3 (1) (w)(ii) and 3 (2) (5-Ka) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
This appeal is directed against the order dated 01.03.2019, passed by the Court of Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities), Act, Mandla.
As per the prosecution case, on 02.02.2019 at about 08:00 am, when the prosecutrix, aged about 19 years was studying on the terrace of her house, the appellants climbed up on the Water Tank situated in front of the house of the prosecutrix at Village Jantipur under the jurisdiction of Police Station Bichhiya, District Mandla, started whistling her and making sexual colored remark. The prosecutrix complained her father. In turn, her father and brother gone towards the Water Tank, on seeing them, applicant Dadu Sarthi fled away from the spot while they caught hold applicant Prabhat Yadav. On the request of other villagers, they have left applicant Prabhat Kumar Yadav, but later on, when applicant Prabhat Kumar Yadav abused and threatened regarding the life of the prosecutrix and her family members, they lodged the FIR against the appellants. On that basis, crime under the aforementioned offence has been registered against the appellants. The appellants have been taken into custody on 04.02.2019.
Learned counsel for the appellants has submitted that the appellants are innocent and have not committed any offence. They have falsely been implicated in the crime. It is also submitted that there is no allegation regarding sexual harassment of the nature of unwelcome physical contact and advances demand and uttering words making gesture intended to insult the modesty of the prosecutrix. It is further submitted that the appellants are permanent residents of the address shown in the application. There is no chance of their absconding or tampering with the witnesses. The are ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed upon them. It is also submitted that the appellant has been in custody since 04.02.2019; therefore, it has been prayed that the appellants be released on bail.
Learned Panel Lawyer for the respondent-State on the other hand has opposed the application.
Learned counsel for the respondent no.2 has also vehemently opposed the application and submitted that the appellants are habitual offenders. Previously, Crime No.1/2108 for the offence punishable under Sections 292, 354 (D)2, 507, 509, 506 and 294 of IPC, Section 67 of I.T. Act and Sections 3 (1) (W) (i), 3 (1) (W)(ii) and 3 (2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been registered against applicant Prabhat Kumar Yadav. In view of the aforesaid, the appellants does not deserve to be released on bail.
On perusal of the case diary, it seems that the appellants are youth of 20 years of age. No criminal antecedents has been shown to be there against the applicant Dadu Sarthi in the case diary while one crime of same nature is registered against the applicant Prabhat Kumar Yadav has shown to be registered on the complaint of the same prosecutrix. It also seems that the appellants are in custody since 04.02.2019.
However, keeping in view the facts and circumstances of the case in their entirety, particularly the facts as pointed out by the learned counsel for the appellants, looking to the allegation made against the appellants and their period of detention, in the opinion of this Court, the appellants deserve to be released on bail, but with some strict restrictions because it is a repeated crime by the applicant Prabhat Kumar Yadav.
Consequently, this appeal for bail under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is allowed and the impugned order is set aside.
It is directed that the appellants shall be released on bail on furnishing a personal bond in the sum of Rs.30,000/- with one solvent surety each in the same amount to the satisfaction of the trial Court for their appearance before that Court on all dates fixed in the case and for complying with the conditions enumerated under Section 437 (3) of the Cr.P.C.
It is further directed that the applicants shall furnish an undertaking before the trial Court that, for a period of one year, if the applicants are found indulged in connection with the same natured offence, the bail granted in this case shall stand cancelled.
This M.Cr.C. stands allowed and disposed of.
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