GOLU Vs. STATE OF M.P

JUDGEMENT

(1.) Appellant has filed this criminal appeal under Section 14- A of the SC and ST (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act") against the order dated 02.07.2019 passed by Special Judge (SC/ST Act), District-Ashok Nagar whereby bail application filed on behalf of appellant has been dismissed by the trial Court. Appellant has been arrested on 17.06.2019 by Police Station Chanderi District Ashok Nagar in connection with Crime No. 317/2019 registered in relation to the offence punishable under sections 366, 365, 376(2)(N) and 506 of IPC, and Section 3(2)(v), 3(1)(W)(I) of SC/ST (Prevention of Atrocities) Act.

(2.) It is the submission of the counsel for the appellant that narration of prosecution story indicates that it is matter of consent and the prosecutrix left her matrimonial house on her own volition. She narrated the story in an affidavit filed by the appellant. Even otherwise, she is major and she can decide her future according to her wishes. Charge-sheet is likely to be filed soon. He undertakes to cooperate in the investigation/ trial and would make himself available if required. Confinement since 17.06.2019 amounts to pre trial detention. He further undertakes to do some community service. Therefore, prayed for bail. Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for dismissal of the application. Learned counsel for the complainant fairly submits that he has no objection if bail is granted to the appellant. Heard the learned counsel for the parties and perused the record. Considering the submissions advanced and looking to the fact situation but without commenting on the merits of the case, appeal is allowed. It is hereby directed that the appellant shall be released on bail on his furnishing personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Trial Court.

(3.) This order will remain operative subject to compliance of the following conditions by the appellant :-