Shoheb vs State Of Madhya Pradesh And Others

Anil Verma, J

This is the (first) criminal appeal filed by the appellant for grant of regular bail under section 14(A)(2) of SC & ST Act relating to FIR No.391/2023 registered at P.S-Rajgarh, District- Dhar (M.P.) for the offence under sections 376, 376(2)(n), 294, 323, 506 of IPC and section 3(2)(v) of SC and ST Act.

2/ As per prosecution story, on 04/02/2021, at about 8.00 pm, the appellant first time met with the prosecutrix at her home and on the false pretext of marriage, he committed rape upon her against her will and repeated the same act on several times. When the prosecutrix used to talk with him for getting married, he used to avoid her. The prosecutrix was also verbally abused and assaulted by the appellant. Thereafter, she lodged FIR at police station - Rajgarh, District - Dhar. Accordingly, the aforementioned offence has been registered against the applicant.

3/ Learned counsel for the appellant contended that appellant is innocent and has been falsely implicated in this offence. Investigation is over and charge-sheet has been filed. Prosecutrix is 26 years major and married lady. She herself in her statement under section 164 of Cr.P.c categorically stated that she wants to live with the appellant and the appellant did not commit any wrong act with her. Applicant is in custody since 16/08/2023 and permanent resident of District-Dhar. Final conclusion of trial shall take sufficient long time. Hence he prays that the appellant be enlarged on bail.

4/ Per-contra, learned PL for respondent – State opposes the bail application and prays for its rejection.

5/ Learned counsel for the prosecutrix contended that the prosecutrix has no objection if bail is granted to the appellant .

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the prosecutrix is a major and married lady; she did not support the prosecution case in her statement under section 164 of Cr.P.C and categorically stated that she is voluntarily ready to live with present applicant along with his children; she did not state anything against the applicant regarding the aforesaid offence, I deem it proper to release the accused / appellant on bail.

7/ Accordingly, without commenting on the merits of the case, the criminal appeal is allowed. It is directed that the appellant be released on bail on his furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court for his appearance before the trial Court, as and when required.

8/ He shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., Certified copy, as per Rules.