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Madhya Pradesh High Court · body

2006 DIGILAW 1345 (MP)

NATHUSINGH RAJPUT v. STATE OF M P

2006-11-28

S.C.VYAS

body2006
Judgment ( 1. ) THIS is first application filed by the applicant under Section 438 of Cr. PC for grant of anticipatory bail apprehending arrest in connection with Crime no. 162/06 registered by police-Rajod, Tehsil Sardarpur, District-Dhar under section 376 of IPC and Section 3 (2) (v) of S. C. S. T. Act, on the allegation that he committed rape on the prosecutrix, who belongs to Scheduled Tribe. ( 2. ) LEARNED Counsel for the applicant submitted that on account of advice given by some villagers a false report has been lodged against present applicant and this facts has been admitted by non else, but the prosecutrix herself in her affidavit sworn in by her and her husband Dinesh also. He further submitted that similar affidavits were also filed before Trial Court. ( 3. ) THE documents were sent for verification from the concerning police. They send a report that affidavits were executed by prosecutrix and her husband, but without knowing about the contents of these documents. The prosecutrix herself is present in the Court and learned public prosecutor after interrogating her has said that in the Court also she is admitting that the allegations of rape is untrue. ( 4. ) THE affidavit of the prosecutrix also shows that allegations of rape levelled against present applicant are not true, therefore, prima facie offence punishable under Section 3 (2) (v) of the S. C. S. T. Act is not made out so bar of section 18, S. C. S. T. Act does not come in the way of allowing the application for grant of anticipatory bail under the provisions of Section 438 of Cr. PC. ( 5. ) I have taken into consideration the material collected by police during investigation, the affidavits filed by the applicant and the arguments advanced by learned Counsel for the applicant, the application deserves to be and is hereby allowed and it is ordered that in the event of arrest applicant be released on bail, for the period of one month subject to his furnishing a personal bond in the sum of Rs. 20,000/- with one surety of like amount to the satisfaction of the Arresting Officer, on the conditions enumerated under Section 438 (2) of cr. PC. ( 6. ) APPLICANT may apply for regular bail before Competent Court during the aforesaid period of one month.