Rahul vs State Of M.P. And Others

Atul Sreedharan, J

This appeal under Section 14-A(1) of SC/ST Act has been filed for grant of bail to the appellant, who has been arrested in connection with Crime No.

446/2020 for offences punishable under Sections 376 (2)(n) and 363 of IPC and under Sections 3(2)(v), 3(1)(ba)(ii) of SC/ST (Prevention of

Atrocities) Act, 1989 and under Sections 5( tha ) and 6 of POCSO ACt, 2012 registered at Police Station- Amla District-Betul.

Learned counsel for the State submitted that the FSL report that was directed by this court to be produced earlier is still not been made available to

the AG office by the police.

Learned counsel for the appellant has drawn the attention of this Court to the order passed by it on 06-01-2021, where this Court had made it clear

that if the FSL report is not produced by the next date of hearing, the matter shall be decided on merits. Today also, the FSL report is not available.

Under the circumstances, this case is heard on merits.

Learned counsel for the State while opposing the instant appeal for grant of bail has submitted that the prosecutrix, who belongs to the depressed class

of society went missing on 07-08-2020 and the missing report was registered on 14-08-2020, after a passage of 7 days. On the same day itself, the

police recovered the prosecutrix. She recorded her statement under Section 164 on 18-08-2020. In the 164 statement, she says, she came to know of

the appellant and that two of them used to communicate on mobile and on 07-08-2020, the appellant is alleged to have called the prosecutrix from

home to a field on the pretext that he would keep her as his wife. She further states recovered by the police. The appellant is aged 21 years and the

prosecutrix is 16 years of age. The appellant is in judicial custody since 15-08-2020 and the MLC does not reveal any kind of external injury or any

sings of forcible sexual intercourse on the body of the prosecutrix and is inconclusive as regards rape.

Under the circumstances and in view of what has been discussed hereinabove, the appeal is allowed allowed and it is directed that the appellant shall

be enlarged on bail upon his furnishing a personal bond in the sum of Rs.50,000/- (Fifty Thousand Only) with one solvent surety in the like amount to

the satisfaction of the learned trial Court.

The jail authorities shall have the appellant checked by the jail doctor to ensure that he is not suffering from the coronavirus and if he is, he shall be

sent to the nearest hospital designated by the state for treatment. If not, he shall be transported to his place of residence by the jail authorities.

C.C. as per rules.