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 Supreme Court in a similar case.

JUDGMENT

G.S. ahluwalia, J. - It is submitted by the Counsel for the State that the complainant has been informed about the pendency of this appeal, as required under Section 15-a of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act.

Case Diary is available.

This appeal has been filed under Section 14-a(2) of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) act against the order dated 06.01.2022 passed by Special Judge (atrocities), District Gwalior rejecting the bail application.

The appellant has been arrested on 04.01.2022 in connection with Crime No.01/2022 registered by Police Station - Sirol, District Gwalior for offence punishable under Sections 376, 506 of IPC and Sections 3(2)(v), 3(1)(w)(ii) of the Scheduled Castes and the Scheduled Tribes (Prevention of atrocities) act.

It is submitted by Counsel for the appellant that according to the prosecution case, the prosecutrix was a cook and earlier she was working with appellant. On 27.12.2021, the appellant called her on the pretext that she should rejoin his house for cooking meals. at about 2:50 pm, she went to house of appellant where he caught hold of her and committed rape. It is further submitted that it appears that appellant has been falsely implicated. The appellant is a government employee. There is no possibility of his absconding or tampering with prosecution case. The trial is likely to take sufficiently long time.

Per contra, the appeal is vehemently opposed by the Counsel for the State. State Counsel has read out the statement of prosecutrix recorded under Section 164 of Cr.P.C in which she has stated that earlier she was working in the house of appellant as a cook and they both had physical relationship. On 27.12.2021, the appellant called her and informed that now he is married and his wife has also come, therefore, the prosecutrix should not come to his house. It was further stated that she wants some expenses from the appellant.

In view of the statement of prosecutrix recorded under Section 164 of Cr.P.C and the facts and circumstances of the case and without commenting on the merits of the case, the appeal is allowed. It is directed that the appellant be released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before the Court on the dates given by the concerned Court.

This order shall remain effective till the end of the trial but in case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.