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Judgment
They are heard. Perused the case diary / challan papers.
The appellant has preferred this first appeal under Section 14 (A) (2) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (as amended by Act of 2015) read with Section 439 of the Code of Criminal Procedure, 1973, feeling aggrieved by order dated 02.09.2020 passed by learned Special Judge (under SC / ST Act), Dewas (MP) in Special ST / Bail Application No.512/2020, whereby the prayer for grant of regular bail has been declined.
Appellant has been arrested on 27.08.2020 in connection with Crime No.278/2020 registered at Police Station Bagli, District Dewas (MP) for offence punishable under Sections 363, 376 (2) (i), 368 and 342 read with Section 34 of the Indian Penal Code, 1860, under Section 3 read with Section 4 of the Protection of Children from Sexual Offence Act, 2012 and also under Section 3 (2) (v) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989.
As per prosecution case, on 28.07.2020 a report was lodged by complainant - Vijay Singh Korku at Police Station Bagli, District Dewas (MP) stating that he is a resident of Gram - Punjapura and is a laborer by profession. On 24.07.2020 he along with his wife Gulab Bai had gone out for laborer work, leaving behind his minor daughter aged 17 years and son Praveen at home. When at 06.00 PM complainant and his wife returned home, their daughter (the prosecutrix) was not available at home. It was stated by Praveen that at 04.00 PM, the prosecutrix had left her house without stating anything. A search was carried out for the prosecutrix but all the efforts were in vain. Thereafter, an FIR was lodged for an offence under Section 363 of IPC against an unknown person.
In the light of the alleged FIR, an investigation was carried out and during the course of the same, the prosecutrix was also recovered. The appellant has been arrested on the basis that he provided shelter to the main accused along with the prosecutrix.
Learned counsel for the appellant has submitted that the appellant is innocent and he has falsely been implicated in the present crime. It is further submitted that although the prosecutrix is a minor girl aged about 17 years, however, she has not levelled any allegation against the appellant in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973. It is alleged that co-accused Rahul Dodwe took the prosecutrix at Indore and the present appellant has given shelter to them, although this fact does not find place in the statement of the prosecutrix recorded under Section 164 of the Code of Criminal Procedure, 1973. It is further submitted that even if the allegation made by the prosecutrix is accepted on its face value, then at the most offence punishable under Section 368 of IPC will be made out against the appellant. The appellant is in custody since 27.08.2020. The investigation is over and charge sheet has already been filed. Conclusion of the trial will take sufficiently long time. There is no possibility of his / her absconsion or tampering with the evidence, if enlarged on bail. Under these circumstances, learned counsel for the appellant prays for grant of bail to the appellant.
Learned Panel Lawyer for the respondent / State of Madhya Pradesh submits that no sufficient ground is made out for releasing the appellant on bail; hence the appeal filed by the appellant be dismissed.
Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion on the merits of the case, I am of the view that the criminal appeal filed by the appellant may be accepted. Consequently, setting aside the impugned order, the appeal is hereby allowed. It is directed that the appellant shall be released on bail upon execution of personal bond in the sum of Rs.50,000 (Rupees fifty thousand only) with a solvent surety in the like amount to the satisfaction of the learned trial Court for his / her regular presence during trial and shall also abide by the conditions enumerated under Section 437(3) of Cr.P.C.
This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
Accordingly, Criminal Appeal No.4808/2020 stands disposed of.
C.c. as per rules.