JUDGMENT 1. Appellants have filed this criminal appeal under section 14- A(2) of SC & ST Act in connection with Crime No. 287/2022 registered at P.S - Satwasa, Dewas, District- Dewas (M.P.) for commission of offence punishable under Sections 376, 354-A, 511,34 of IPC and sections 3(2)(v-a and 3(2)(v) of SC and ST Act) As per prosecution story, on 27/06/2022 at about 11.00 am, the prosecutrix was going to her field. When she reached on the spot, two unknown persons came there and caught her hold; torn her blouse and tried to commit wrong with her. When she made hue and cry, her husband came there. He identified both the accused persons. Thereafter, the prosecutrix lodged FIR at police station. Accordingly, the aforementioned offence was registered and he was arrested. 2. Learned counsel for the appellants contended that appellants are innocent and have been falsely implicated in this offence. There is no legal evidence available on record to connect the appellants with the aforementioned offence. There is some land dispute between both the parties. Investigation is over and charge-sheet has been filed, therefore, no further custodial interrogation of the appellant is required.. Appellant are in custody since 05/08/2022. 3. They are permanent resident of District- Dewas . There is no apprehension of his fleeing away from the court of justice. Final conclusion of trial shall take sufficient long time. Under the above circumstances, prayer for grant of bail may be considered on such terms and conditions, as this Court deems fit and proper. 4. Per-contra, learned PL for respondent - State opposes the bail application and prays for its rejection Learned counsel for the objector/prosecutrix submitted that the prosecutrix has no objection, if the appellants are released on bail. She has also filed an affidavit by stating that both the appellants did not commit any offence with her and on the pressure of the police, she has stated the name of the appellants in her statement under section 164 of IPC. 5. Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy. 6.
5. Perused the impugned order of the trial Court, the statements of the witnesses as well as the case dairy. 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 victim/prosecutrix herself stated that the appellants has not committed any offence with her and she has no objection regarding grant of bail to the appellants; the FIR is belated; there is some land dispute between the parties; they are in custody since 05/08/2022 and possibility of delay in conclusion of the trial cannot be ruled out, in view of the evidence available on record, I deem it proper to release the accused/appellants on bail. 7. Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the appellants be released on bail their furnishing personal bond in the sum of Rs. 75,000/- (Rs. Seventy Five Thousand only) each with one solvent surety each in the like amount to the satisfaction of the trial Court for their appearance before the trial Court, as and when required. 8. They shall abide by all the conditions enumerated u/S. 437(3) Cr.P.C., 9. It is made clear that if the appellants are again found to be involved in any other offence during the trial, this order shall stand cancelled automatically without reference to the Court and the police will be at liberty to arrest the appellants in the present case also. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective. 10. Certified copy, as per Rules.