IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA rd ON THE 3 OF NOVEMBER, 2023 CRIMINAL APPEAL No. 13161 of 2023 BETWEEN:-

SULTAN S/O SHRI MOHAMMAD JAHUR QURESHI, AGED ABOUT 23 YEARS, OCCUPATION: LABORER R/O VILLAGE BARA TEHSIL AKBARPURA DISTT. KANPUR P.S. AKBARPURA DISTT. KANPUR AT PRESENT NEAR KHATU SHYAM TEMPLE VIJAY NAGAR INDORE (MADHYA PRADESH)

.....APPELLANT ( BY SHRI YOGESH KUMAR GUPTA- ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION AJK DISTT. BARWANI (MADHYA PRADESH)

2. PROSECUTRIX X THROUGH STATION HOUSE OFFICER P.S. AJK, DIST. BARWANI (MADHYA PRADESH)

.....RESPONDENTS ( BY SHRI AMIT RAWAL GA )

This appeal coming on for admission this day, the court passed the following:

ORDER

Learned GA informs that the notice has duly been served upon the prosecutrix.

This is the (first) criminal appeal filed by the appellant for grant of regular bail under section 14-A(2) of SC & ST (Prevention of Atrocites) Act, 1989 relating to FIR No 04/2023 registered at P.S- AJK, Barwani, District-Barwani Signature Not Verified Signed by: AMOL for the offence under sections 450, 452, 354, 354-D, 376(2)(n), 376, 506 of IPC and sections 3(1)(w)(ii), 3(1)(w)(i) and 3(2)(v) of SC and ST Act.

2/ As per prosecution story, 23 years old prosecutrix is a student of

4th semester and used to talk with the present applicant about her study on monilrphonr. The appellant is a teacher of economic subject. After sometime, their relationship converted into love affair. The appellant told the prosecutrix that he loves her and if she does no talk with him, he would disclose their relationship with her family members. On 29/05/2023, when the prosecutrix was alone at her home, the appellant came there and tried to outrage her modesty. When the prosecutrix opposed, the appellant left her home, but on 06/06/2023, the applicant again came at her house and committed rape upon her. On 18/07/2023, the appellant again tried to commit rape upon her, then she disclosed the incident to her elder sister and lodged FIR at police station-Vijay Nagar, Indore. Accordingly, the aforesaid offence was registered and the appellant was arrested.

3/ Learned counsel for the appellant contended that applicant is innocent and has been falsely implicated in this offence. Appellant is in custody since 18/07/2023. Investigation is over and charge-sheet has been filed. The prosecutrix is 23 years old major lady. The alleged FIR is about three months belated. The appellant has been brutely beat by family members of the prosecutrix. He sustained several injuries, which has been mentioned in MLC report and in the order of the trial Court also. He is permanent resident of District- Kanpur (UP). Final conclusion of trial shall take sufficient long time.

Hence, he prays that the appellant be released on bail.

4/ Per-contra, learned counsel for respondent – State opposes the bail application and prays for its rejection.

Signature Not Verified Signed by: AMOL

5/ Perused the impugned order of the trial Court as well as the case dairy.

6/ Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation as also taking note of the fact that the appellant is in custody since 18/07/2023; the prosecutrix is 23 years old major lady; the FIR is three months belated; the appellant and the prosecutrix both knows to each other; he sustained several injuries and final conclusion of trial shall take sufficient long time, in view of the evidence available on record, I deem it proper to release the accused / appellant on bail.

7/ Accordingly, without commenting on the merits of the case, the present criminal appeal is allowed. 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 only) with two sureties (out of which, one local surety) in the like amount to the satisfaction of the trial Court for his appearance before t