Shyamal Rai vs State Of Madhya Pradesh

Shailendra Shukla, J

Submissions were made on second appeal filed under Section 14-A(2) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,

1989 by appellant â€" Shyamal Rai S/o Shivdas Chandra Rai in respect of Crime No.168/2020 registered at Police-Station-Varla, District-Barwani

(MP) for allegedly committed offence under Sections 376(2(E), 376(3), 342, 420 of Indian Penal Code, 1860, under Sections 3, 4, 5(E) & 6 of POCSO

Act, 2012, under Sections 3(1)(W)(ii) and 3(2)(iv) of SC/ST (PA) Act, 1989 and Section 24 of MP Rajya Ayurvigyan Parishad Adhiniyam, 1987 and

the appellant is in custody since 21.08.2021.

As per prosecution story, the appellant not having a valid degree of medicine was practicing as Allopathic Doctor and when the prosecutrix along with

her mother came to him for medical check-up, he assaulted her sexually in the name of treatment. Accordingly, case has been registered against him.

Learned counsel for the appellant has drawn Court's attention to the deposition of prosecutrix and her mother both of whom have stated that the

dispute was relating to amount of fees that the appellant was claiming which was in excess of what had been settled between them. He submits that

both prosecutrix and her mother have been declared hostile and they did not support the prosecution story in respect of sexual assault. The appellant is

in jail since 21.08.2021 and the conclusion of trial would take considerably long time. With these submissions, bail has been sought.

Learned counsel for the respondent/State was also heard who submits that the appellant was practicing as an Allopathic Doctor despite not having a

valid degree because he was having only Electro Homeopathic qualifications.

To this, learned counsel for the appellant submits that the aforesaid offence is only punishable upto three years and that the appellant had already been

on bail for a period of nine months.

Considered.

In view of the depositions of prosecutrix and her mother, as pointed out by learned counsel and which are placed on record and other submissions

mainly those made by learned counsel for the appellant, a case is made out for grant of bail to the appellant. Accordingly the appeal filed by appellant

â€" Shyamal Rai S/o Shivdas Chandra Rai is being allowed. 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) with one local solvent surety of like amount to the satisfaction of Trial Court/Committal Court for his

regular appearance before the Trial Court/Committal Court during trial with a condition that he shall remain present before the Court concerned during

trial.

However, it is made clear that after being released on bail, the appellant shall not be found to be indulging in Allopathic way of treatment of patient

and if found to be breaching this condition, the bail granted to him shall stand cancelled without further reference to the Court. The appellant shall also

abide by the conditions enumerated under Section 437(3) of Code of Criminal Procedure, 1973.

Criminal Appeal No.3365 of 2021 stands allowed and is disposed of in above terms.

Let a copy of this order be sent to the Court concerned for compliance. Certified copy as per Rules.