Waseem vs State Of M.P. & Anr

Shailendra Shukla, J

Submissions were made on second criminal appeal filed under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act for grant of bail to

appellant Waseem S/o Abid Khan in respect of Crime No.67/2021 registered at Police Station â€" Malhargarh, District Mandsaur for allegedly

committing the offence punishable under Section 376(2)(n) of IPC, under Section 5/6 of POCSO Act and under Section 3(2-v), 3(2v-a) of SC/St Act.

The appellant is in custody since 5.4.2021.

First criminal appeal being CRA No.3233/2021 was dismissed as withdrawn vide order dated 6.7.2021 and liberty had been granted to renew the

prayer after examination of the prosecutrix.

Learned counsel for the appellant submits that prosecutrix has been examined on 30.7.2021. Her deposition is placed on record, in which the

prosecutrix has turned hostile and has stated that on the date of the incident the appellant had moved his motorcycle in a manner which created threat

in the mind of the prosecutrix that it could result in an accident and, therefore, she lodged the report. She has denied the suggestion that the appellant

had raped her after committing promise of marriage. The prosecutrix has not supported the prosecution story even after being declared hostile. On this

ground bail has been sought.

Learned counsel for the State was heard, who has opposed the appeal.

Considered.

On due consideration of the aforesaid submissions, mainly those advanced by the learned counsel for the appellant, without commenting upon the

merits of the case, this criminal appeal is allowed and it is directed that appellantâ€" Waseem S/o Abid Khan shall be released on bail upon his

furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the

concerned Trial Court/Committal Court for his regular appearance before the Trial Court/Committal Court on all dates of hearing as may be fixed in

this behalf by the Court concerned during trial. It is also directed that the appellant shall abide by all the conditions enumerated under Section 437(3) of

the Cr.P.C.

A copy of this order be sent to the Court concerned for compliance.

Criminal Appeal No.4834/2021 is allowed and stands disposed of.

C.C. as per rules.