The specific bar under Section 19 of SC/ST (Prevention of Atrocities) Act for grant of anticipatory bail.

ORDER

Anil Verma, J. - Heard on I.A. No.15105 of 2023, which is an application for ignoring the defects.

2. Defects pointed out by the registry are formal in nature, therefore, I.A. No.15105 of 2023 is allowed and defects is pointed out by the Registry are hereby ignored.

3. Counsel for the appellants seeks permission to withdraw I.A. No.15194 of 2023, which is an application for ad interim protection against arrest to the appellants pending the present Criminal Appeal.

4. Prayer is allowed.

5. Accordingly, I.A. No.15194 of 2023 stands dismissed as withdrawn.

6. Learned counsel for the respondent/State has informed this Court that notice has been duly served upon the prosecutrix.

7. Appellants have filed this first criminal appeal under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 read with Section 438 of the Code of Criminal Procedure, 1973 on behalf of the appellants for grant of anticipatory bail relating to Crime No.500/2023 registered at P.S. Kannod, District Dewas (M.P.) for commission of offence punishable under Sections 343, 376, 376(2)(n), 376(D) and 506 of IPC and Sections 3(1) (w)(ii) and 3(2)(v) of SC/ ST Act.

8 . As per prosecution story, on 07.02.2023, about 08:00 AM, in the morning, the prosecutrix had gone for cutting the crops in the agriculture land of accused/ Ravi Jaat. On the same day, at about 06:00 PM, Ravi Jaat told her that there is some work regarding cleaning in his house and on his saying, she went to his house and did cleaning work and when she was returning to her house, at that time, Ravi Jaat told her that she will not go to her house and forcibly took her in the room and committed rape upon her. Then he locked her in his house for a period of three days and on 10.02.2023, at about 11-11:30 PM, accused Ravi and his maternal uncle Nand Ram Jaat took her on motorcycle in the house of Devilal, then Ravi Jaat and Devilal committed gang rape upon her and other co-accused persons were also present outside the room. On the next date, when her husband reached there, he released her from the custody of accused persons, then she went in Nari Niketan, Ujjain and after about one month her sister-in-law/ Suman came in the Nari Niketan, then she went alongwith her at Village Khiroda, Satwas. After that, she lodged an FIR against the accused persons. Accordingly, offence has been registered.

9. At the outset, counsel for the appellants prays for withdrawal of the criminal appeal on behalf of appellant No.8 Suresh.

10. Accordingly, the first criminal appeal preferred under Section 14-A of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 read with Section 438 of the Code of Criminal Procedure, 1973 to the extent appellant No.8 Suresh is concerned, stands dismissed as withdrawn.

11. In respect of all the appellants, learned counsel for the appellants submits that the appellants are innocent persons and they have been falsely implicated in this offence. Appellant No.4 Jagdish is aged about 75 years. Appellant No.8 Suresh is a blind from birth. On 07.02.2023, prosecutrix left the house of her husband without telling anything to anybody in her house and went at Village Pipalkota and on the same day, at about 7:00 PM, she went to the house of Jagdish Jaat, at that time, her husband and brother-in-law and other relatives came there and committed marpeet, due to which she sustained injuries, then she lodged an FIR against her husband and other persons. Prosecutrix remained Nari Niketan for a period of one month and during this period police did not record her statement. There is inordinate delay of more than 5 months in lodging the FIR. On 10.02.2023, complainant party, who were 11 in number jointly and severally came in the house of appellant No.4 Jagdish and set fire after pouring the kerosene oil and they also burnt the records of the house, therefore, offence under Sections 147, 148, 149, 294, 436, 454 and 506 of IPC has been registered against them.