Sudhir Gupta vs The State Of Madhya Pradesh

Court: Madhya Pradesh High Court

Bench: JUSTICE Subodh Abhyankar

Sudhir Gupta vs The State Of Madhya Pradesh on 27 July, 2018

Law Point: 

JUDGEMENT

None appears for respondent No.2, though served. Heard on the present appeal which has been filed by the appellant under Section 14-A of Scheduled Castes and Sched- uled Tribes (Prevention of Atrocities) Amendment Act, 2015 against the impugned order dated 27.06.2018 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, District Jabalpur (M.P.) in Bail Application No.1790/2018 whereby the application filed by the appellant under Section 438 of Cr.P.C. was dismissed.

The appellant is apprehending his arrest in connection with Crime No.265/2018, registered at Police Station AJAK, Madan Mahal District Jabalpur (M.P.) for the offences punish- able under Sections 376& 376(2))(n) of IPC and under Sec- tions 3(2)(v) & 3(1)(b)(1) of SC/ST (Prevention of Atrocities) Act, 1989.

The allegation against the present appellant is that he committed rape on the prosecutrix on the pretext of marriage and the complainant came into contact with the appellant in the year 2012 and since then the appellant is exploiting her on the pretext of marriage but he refused to marry her.

Learned counsel for the appellant has submitted that the appellant is aged about 24 years and he has been falsely impli- cated in the case and the complainant is admittedly more than around 32 years and even if it is considered that they came to know each other at that time the appellant was around 18 years old. Thus, it is submitted that the prosecutrix has lured the ap- pellant and taken the advantage of his tender age and now she is pressurizing the appellant to marry her.

Learned counsel for the appellant has further submitted that the appellant is a student and pursuing B.A. third semester at Sagar University and there is no criminal antecedents of the appellant, hence, it is further submitted that no case under the provisions of SC/ST (Prevention of Atrocities) Act is made out. Hence, this appeal be allowed by setting aside the impugned order and the appellant be enlarged on anticipatory bail.

Learned Government Advocate opposing the submissions made on behalf of the appellant has prayed for rejection of the anticipatory bail and also stated that in her statement made un- der Section 164 of Cr.P.C. clear allegation has been levelled against him, hence, it is not a case in which the appellant be granted anticipatory bail as all the ingredients are established disclosing commission of offence punishable under the provi- sions of SC/ST (Prevention of Atrocities) Act. Hence, the ap- peal be disallowed.

Having considered the rival contentions of learned coun- sel for the parties and on perusal of the case diary, this Court finds that it is not a case under the provisions of SC/ST (Pre- vention of Atrocities) Act, and thus this Court is of the view that prima facie no case under the provisions of SC/ST (Pre- vention of Atrocities) Act is made out against the present appel- lant. Looking to the whole facts and circumstances of the case, without commenting anything on merits of the case, this appeal for grant of anticipatory bail is hereby allowed.

It is directed that the appellant-Sudhir Gupta in the event of his arrest, he 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 arresting Authority.

The appellant shall further abide by the following conditions:-

1. that the appellant shall make himself available for in- terrogation by a police officer as and when required;
2. that the appellant shall not, directly or indirectly, make any inducement, threat or promise to any person ac- quainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer;
3. that the appellant shall not leave India without the previous permission of the Court; and
4. that the appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the com- mission of which he is suspected.

Accordingly, the appeal stands disposed of. C.C. as per rules.

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