ATIK MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) -

(2.) IT is a case of gang rape by 8 persons on a grown up lady from aboriginal tribe. The medical evidence is negative. An affidavit, sworn by the prosecutrix, has been filed to show that she could not identify any of the miscreants on account of darkness. In the F.I.R., she has clearly named the person who caught hold her on the way and took her to a room and committed rape on her. As such, this affidavit appears to be a product of manipulation and should not be given any credence at this stage. This petitioners are not entitled to be released on bail on merits, but documents have been filed their inter alia comprising of the order-sheets in the Court of concerned Magistrate which go to show that even though the challan papers were filed in the Court on 10/10/1992, the applicants were not produced on that date and on subsequent dates till 4/11/1992 when they made an application for release on bail U/S 167(2) of the Cr.P.C. but the same was rejected. Another such application before the Court of Sessions also met the same fate. IT is clear that notwithstanding the filing of challan within the prescribed period of 90 days from the date of arrest, i.e. 2/8/1992, the applicants could not be furnished copies thereof till well beyond 90 days from such arrest. That being the case, they are ordered to be released u/s 167(2) of the Cr. P.C. on their furnishing personal bond in the sum of Rs. 10,000.00 (Rs. Ten thousand only) with one surety each in the like amount to the satisfaction of C.J.M., Chhindwara, for their appearance before the trial Court on each date of hearing till the trial concludes. C.C. to both sides. Application allowed.