Shekh Gulabh vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court

Bench: JUSTICE Subodh Abhyankar

Shekh Gulabh vs The State Of Madhya Pradesh on 25 July, 2018

Law Point: 

JUDGEMENT

Heard. Perused the case diary.

This is first criminal appeal filed under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015 against the order dated 25/06/2018 passed by the Special Sessions Judge Shahdol in SC No.44/2018; whereby the learned Special Sessions Judge rejected the bail application filed by the appellant Shekh Gulabh under Section 439 of Cr.P.C. to get bail in Crime No.132/2018 registered at Police Station Sohagpur District Shahdol (M.P) for the offences punishable under Sections 376, 376(2) (Dha) of IPC and Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

The allegation against the appellant is that he raped the prosecutrix on the pretext of marriage. In her statement recorded under Section 164 of Cr.P.C., the prosecutrix has stated that the appellant has been exploiting her since last around four years and now he has refused to marry her and in her entire statement there is no reference of a caste.

Learned counsel for the appellant has submitted that the appellant has been falsely implicated in the case and he is in custody since 11.05.2018. It is further submitted that the appellant and the prosecutrix were living together as the prosecutrix was also a consenting party.

Learned counsel for the objector/respondent No.2 has opposed the prayer and has submitted that no case for bail is made out as the appellant has lured the prosecutrix to have a relationship and has committed rape on the pretext of marriage and on the day when he refused to marry her, the complaint has been filed.

Learned counsel for the respondent/State has also made similar arguments and has prayed for its dismissal.

Considering the rival contentions of the parties and also taking into account the documents filed in the case diary including the statement of the prosecutrix under Section 164 of Cr.P.C., this Court is of the considered opinion that since the prosecutrix has allowed the appellant to exploit her for a period of around four years, the appellant is entitled for bail. In the circumstances, without commenting on the merits of the case, the appeal is allowed and the appellant Shekh Gulabh is directed to be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of the concerned C.J.M/trial Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

This order will remain operative subject to compliance of the following conditions by the appellant :

1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant shall not commit an offence similar to the offence of which he is accused;

5. The appellant will not seek unnecessary adjournments during the trial; and

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

Certified copy as per rules.

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