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ANIL VERMA
Saleem Khan – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. Notice has been served on the prosecutrix.
2. This (first) criminal appeal u/S. 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been filed by appellant against the order dated 5.9.2022 passed by Special Judge, SC/ST Act Dewas in Bail Application no. 634/2022. The appellant is in Jail since 26.5.2022 in connection with Crime No. 378/2022 registered at P.S. Bank Note Press District Dewas (M.P.) for commission of offence punishable under Section 376, 376(2)(N), 323, 506, 109, 120-B of IPC and Section 3(2)(V) 3(1)(W)(i) of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. As per prosecution story, prosecutrix was married with the co-accused Mahendra in the year 2007. In the year 2016 she lived with her husband in a rented house and they started labour work in applicant's agricultural field. In the year 2016 when prosecutrix was alone working in the field at that time appellant with co- accused came there and committed rape upon her. After that the appellant repeatedly committed same act several times. Her husband also helped the appellant in the aforesaid crime due to which she remained living separatel
Granting bail based on length of custody, filing of charge sheet, and absence of criminal antecedents without expressing opinion on the merits of the case.
The Court's decision emphasized the importance of cooperation in trial proceedings and compliance with imposed conditions for granting bail under Section 439 of Cr.P.C.
The court considered the period of custody and the circumstances of the case in allowing the bail application, without commenting on the merits of the case.
The court established that in cases involving serious allegations, the presumption of innocence and the circumstances surrounding the accused's detention must be carefully weighed against the nature ....
The court's decision was primarily based on the statement of the prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case, in line with the judgment passed by the ....
The specific bar under Section 19 of SC/ST (Prevention of Atrocities) Act for grant of anticipatory bail.
The court addressed the nuances of bail under the Scheduled Caste and Scheduled Tribes Act, emphasizing the balance between rights of the accused and protection of victims.
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