The court applied the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and considered the facts and circumstances of the case in granting bail to the appellants.

JUDGMENT

Deepak Kumar Agarwal, J. - At the outset, learned State counsel apprised this Court that respondent no.2/complainant has been informed with regard to pendency of this appeal as required under Section 15-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") but despite service of notice, none appeared on behalf of the complainant.

2. This criminal appeal has been preferred under Section 14-A(2) of the Act against the impugned order dated 28/12/2022 passed by Special Judge (under the Act), Gwalior whereby appellants' application under Section 439 of the Code of Criminal Procedure has been rejected.

3. The appellants have been arrested on 24/12/2022 in connection with Crime No.698/2022 registered at Police Station- Gola Ka Mandir, District- Gwalior (M.P.) in relation to the offence punishable under Sections 294, 306, 506 and 34 of IPC and Sections 3(1)(R)(S), 3(2)(V) and 3(2)(V)(A) of the Act.

4. Allegations against the appellants and other co-accused, in short, are that appellants alongwith other co-accused person used to torture the deceased-Jayshriram Mujauriya who was a retired Sub-Inspector and threaten to implicate in false rape case, due to which, deceased committed suicide by hanging himself. Thereafter, merg was recorded and suicide note was found in which it was mentioned that present appellants- Arzoo and Reshma and other co-accused persons namely- Sansar Khan, Ruksan Khan, Nagma, Pintu, Sonu, Bhaiya, Gulshan and Dr. Satish Goyal took obscene photographs of him and threatened him to implicate in false rape case and in that regard, appellants and other co-accused took about Rs.10,00,000/- for three scooties and one flat from the deceased. Besides this, appellants were continuously torturing to the deceased, due to which, he committed suicide. Statements of the witnesses were recorded. Dead body Panchnama was prepared and dead body was sent for postmortem. As per postmortem, deceased died due to asphyxia as a result of ante mortem hanging. After enquiry, FIR was registered against the appellants and other co-accused persons.

5. Learned counsel for the appellants submitted that the appellants are women aged about 55 and 45 years respectively and they have been falsely implicated in the case. Appellants are in custody since 24/12/2022 and they are the permanent resident of District- Gwalior (M.P.). There is no likelihood of their absconsion or tampering with the evidence. The appellants are ready to abide by all the terms and conditions as may be imposed by this Court. With the aforesaid submissions, prayer for grant of bail is made.

6. Learned counsel for the State opposed the appeal and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of bail is made out.

7. Heard the arguments advanced by learned counsel for the parties and perused the case diary.

8. Looking to the facts and circumstances of the case, but without commenting on the merits of the case, the present appeal is allowed and order dated 28/12/2022 is set-aside and it is directed that if appellants furnish cash surety of Rs.25,000/- each alongwith a personal bail bond of Rs.25,000/-(Rupees Twenty Five Thousand Only) each with one solvent surety each of the like amount to the satisfaction of the trial Court, they should be released on bail.

9. They will present during trial before the trial Court on each and every date.

10. In case of any default, aforesaid cash security shall be forfeited without giving any notice.

11. This criminal appeal stands disposed of in above terms.

12. Let a copy of this order be sent to the Court concerned for information.

Certified copy/ e-copy as per rules/directions.