Research › Search › Judgment

Madhya Pradesh High Court · body

2023 DIGILAW 274 (MP)

Narendra Kumar Sharma v. State of Madhya Pradesh

2023-02-16

DEEPAK KUMAR AGARWAL

body2023
JUDGMENT Deepak Kumar Agarwal, J. - This is first criminal appeal filed by the appellant under Section under Section 14(A)(2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 against the order dated 4.02.2023 passed by Special Judge, Bhind, whereby application of the appellant under Section 439 of Cr.P.C. for grant of bail has been rejected. 2. Appellant is in custody since 13.12.2022 in connection with Crime No.218/2022 registered at Police Station- Malanpur, District- Bhind (M.P.) for the offence punishable under Sections 376, 342, of IPC and Sections 3(1)(w)(i), 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the SC & ST Act"). 3. In brief, case of the prosecution is that, on 17.10.2022 prosecutrix, a married lady, aged about 24 years, lodged a typed complaint at police Station, Malanpur, Distt. Bhind, alleging that she is resident of Virgaon, Mehgaon and at present she is residing at Bharat Market, police Station, Maharajpura, Distt. Gwalior. Today in the morning at about 7 am present applicant, who works in Teva Company as Security Guard, telephoned her and told that he will get his brother a job in the aforesaid company and asked her to come to Malanpur at 11 am. As she knows the applicant previously, at about 11 am she reached near Bhadauria Hotel, Malanpur. Applicant came there by motorcycle and asked her to sit on motorcycle, they will go to Hariram Ki Kuiya. She sat on the motorcycle. Applicant took her in a room of his friend, locked the door from inside and committed sexual intercourse with her. When she tried to scream, he shut her mouth. After some time, her brother-in-law Ramkishore came there and a scuffle took place between his brother-in-law and applicant and applicant fled away from there. She came back with her brother-in-law. On her complaint, crime No.218/2022 for the aforesaid offences was registered. She was sent for medical examination. No definite opinion regarding rape has been given in the report. Statements of the witnesses were recorded. Appellant was arrested on 13.12.2022. After investigation, charge-sheet has been filed. 4. It is submitted by learned counsel for appellant that appellant is innocent and has been falsely implicated in the case. He is in custody since 13.12.2022. Prosecutrix was a consenting party. No definite opinion regarding rape has been given in the report. Statements of the witnesses were recorded. Appellant was arrested on 13.12.2022. After investigation, charge-sheet has been filed. 4. It is submitted by learned counsel for appellant that appellant is innocent and has been falsely implicated in the case. He is in custody since 13.12.2022. Prosecutrix was a consenting party. After filing of charge-sheet, investigation in the matter has been complete, and therefore, further custodial interrogation of the appellant is no more required. Conclusion of trial will take some time. He undertakes to cooperate in trial and to abide by the conditions which may be imposed by this Court. On such circumstances, learned counsel for the appellant prayed for bail. 5. Learned counsel for the State vehemently opposed the criminal appeal and prayed for its rejection. 6. Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the available case-diary. 7. Looking to the facts and circumstances of the case, without commenting on merits of the case, this Court is of the opinion that appeal should be allowed and by allowing the appeal and setting aside the order dated 4.2.2023 passed by the trial Court, it is ordered that if appellant furnishes cash security of Rs. 25,000/- alongwith bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, he should be released on bail. 8. Appellant will present during trial before the trial Court on each and every date. In case of any default, cash security of Rs.25,000/- shall be forfeited without giving him any notice. 9. Appeal stands allowed and disposed of. 10. Certified copy as per rules.