IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA th ON THE 18 OF NOVEMBER, 2022 CRIMINAL APPEAL No. 8549 of 2022 BETWEEN:-

MAHENDRA S/O SHRI TEJKARAN MALVIYA, AGED ABOUT 33 YEARS, OCCUPATION: LABOUR, R/O VILLAGE RAJODA, DISTRICT DEWAS (MADHYA PRADESH)

.....APPELLANT (SHRI LUCKY JAIN, LEARNED COUNSEL FOR THE APPELLANT)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BANK NOTE PRESS, DISTRICT DEWAS (MADHYA PRADESH)

2. VICTIM X THROUGH POLICE STATION BANK PRESS NOTE, DISTRICT DEWAS (MADHYA PRADESH)

.....RESPONDENTS (SHRI RANJEET SEN, LEARNED GA APPEARING ON BEHALF OF ADVOCATE GENERAL; AND SHRI ADITYA CHOUDHARY, LEARNED COUNSEL FOR THE Signature Not Verified Signed by: TEJPRAKASH RESPONDENT [R-2])

This appeal coming on for hearing this day, the court passed the following: O R D E R 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 for grant of bail. The appellant is in jail since 25.05.2022 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(1)(W)(i) and 3(2)(V)of the Scheduled Caste/ Scheduled Tribes (Prevention of Atrocities) Act, 1989. As per prosecution story, prosecutrix was married with the present appellant Mahendra in the year 2007. In the year 2016 she lived with her husband in a rented house and they started labour work in agricultural field of co-accused Islam Patel. In the year 2016 when prosecutrix was alone working in the field at that time co-accused Islam came there and committed rape upon her. After that the co-accused Islam repeatedly committed same act several times. Her husband i.e. present appellant also helped the co-accused Islam in the aforesaid crime due to which she started living separately from her husband and lodged the FIR. Accordingly offence has been registered against the present appellant.

Signature Not Verified Signed by: TEJPRAKASH 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 25.05.2022. 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 in that FIR. The prosecutrix was living with Vijay in live-in relationship by executing an agreement. Co- accused Islam and Saleem Khan have been enlarged on bail by this Court vide order dated 29/08/2022 and 26/09/2022 passed in Criminal Appeal Nos.6640/2022 and 8502/2022. The appellant is a permanent resident of District Dewas. Hence, he prays that appellant be released on bail.

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.

Considering the all the facts and circumstances of the case, nature and gravity of allegations as also taking note of the fact that prosecutrix is a major and married lady; FIR is delayed by 6 and half years; investigation is over and charge sheet has been filed, therefore, no further custodial interrogation from appellant is Signature Not Verified Signed by: TEJPRAKASH required; other two co-accused persons namely Islam Patel and Saleem Khan have been enlarged on bail by this Corut in similar circumstances; prior to the incident prosecutrix had launched an FIR against one Vijay of the similar nature but she did not disclose anything against the present appellant in that FIR and possibility of delay in conclusion of the trial cannot be ruled out. In view of the evidence available on record, I deem it proper to release the appellant on bail.

Accordin