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 separately from her husband and lodged the FIR. Accordingly offence has been registered against the present appellant.

4. Learned counsel for the appellant submits that the appellant is innocent person and he has been falsely implicated in the alleged crime. He is in custody since 3.6.2022. Investigation is over and charge sheet has been filed. The prosecutrix is a 32 years old major, matured and married lady having three children. FIR is lodged with a delay of 6 years and four months. Prosecutrix has lodged FIR in similar manner against one Vijay but she did not state anything against the present appellant. The prosecutrix was living with Vijay in live in relation by executing agreement. The appellant is a permanent resident of District Dewas. Co-accused Islam Patel has been enlarged on bail by order dated 29.8.2022 passed in Cr.A. No. 6640/2022 in similar circumstances. Hence he prays that appellant be released on bail on the ground of parity.

5. Per-contra, learned PL has opposed the appeal and prays for its rejection. Perused the impugned order passed by the trial Court as well as the case diary.

6. Considering the all the facts and circumstances of the case, nature and gravity of allegations as also the fact that prosecutrix is a major and married lady, FIR is delayed by 6 and half years, investigation is over therefore, no further custodial interrogation from appellant is required, co-accused Islam Patel has been enlarged on bail, possibility of delay in conclusion of the trial cannot be ruled out and in view of the evidence available on record, I deem it proper to release the appellant on bail.

7. Accordingly, without commenting on the merits of the case, present criminal appeal is allowed. The impugned order dated 5.9.2022 passed by the learned Special Judge Dewas is set aside and it is directed that the appellant be released on bail on his furnishing personal bond in the sum of Rs.75,000/- (Rs. Seventy Five thousand) with one solvent surety in the like amount to the satisfaction of the trial Court before the trial Court for his regular presence during trial. He will also abide by all the conditions enumerated u/S. 437(3) Cr.P.C. Certified copy, as per Rules.