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2024 Supreme(Online)(MP) 5970

IN THE HIGH COURT OF MADHYA PRADESH

AT INDORE

BEFORE

HON'BLE SHRI JUSTICE PREM NARAYAN SINGH

ON THE 27th OF MAY, 2024

CRIMINAL APPEAL No. 5814 of 2024

BETWEEN:-

SANJAY

DUBEY

S/O LALLAN DUBEY

, AGED ABOUT 29

YEARS, OCCUPATION: L.I.C. AGENT 183, BADRIDHAAM,

EXTENTION,

DEW

AS.

DIST.

DEW

AS

(MADHY

A

PRADESH)

.....APPELLANT

(SHRI RITU RAJ BHATNAGAR, ADVOCATE).

AND

1.

THE STATE OF MADHY

A PRADESH STATION

HOUSE OFFICER THROUGH POLICE STATION

INDUSTRIAL AREA, DEW

AS DISTRICT DEW

AS

(MADHYA PRADESH)

2.

VICTIM

X THROUGH P.S. INDUSTRIAL AREA

DEWAS DIST DEWAS (MADHYA PRADESH)

.....RESPONDENT

( SHRI SURENDRA GUPTA , G.A. FOR STATE)

(SHRI AMISH SANGHVI, ADVOCATE FOR RESPONDENT NO. 2)

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

following:

Advocates:
Ritu Raj Bhatnagar,Advocate General

ORDER

This is the first appeal filed by appellant under section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 for grant of bail in connection with Crime No.188/2024, registered at Police Station- Indurstrial Area, District-

    Dewas, for the offence under Sections 323, 366, 376, 376(2)(n), 506 of IPC and Sections 3(1) (w) (i), 3 (2) (v) of SC/ST (POA) Act. The appellant is in custody since 11.3.2024.

2. This appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act, 1989 has been filed against the order dated 13.03.2024, passed in Bail application No. 222/2024 by Special Judge SC/ST(Act), Dewas whereby learned Special Judge rejected the bail application of appellant.

3.Allegation against the appellant is of commission of rape upon the prosecutrix.

4 . Learned counsel for the appellant has submitted that appellant is innocent and has not committed any offence. The prosecutirx is a major lady. She has been examined before the learned Trial Court and has not supported the case of prosecution. She has no objection regarding the bail. The appellant is in jail since 11.3.2024. Conclusion of trial will take sufficient long time. Therefore, it has been prayed that the appellant/accused be released on bail, pending the trial.

6. O n the other hand, learned counsel for the State has opposed the prayer and prayed for its rejection.

7. Learned counsel for the objector has expressed his no objection regarding the bail.

8. Having taken into consideration all the fact and circumstances of the case and custody period of the appellant, without expressing any opinion on the merits of the case, I am of the view that it is a fit case for grant of bail. Consequently, without commenting upon the merits of the case, present appeal stands allowed.

9. It is directed that appellant be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

10. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective. Certified copy as per rules . (PREM NARAYAN SINGH) JUDGE VD

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