Madhya Pradesh High Court

Jagdish Tanwar vs The State Of Madhya Pradesh on 1 October, 2024

Author:
Sanjeev S Kalgaonkar

Bench:
Sanjeev S Kalgaonkar

NEUTRAL CITATION NO. 2024:MPHC-IND:28700

1 CRA-10939-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 1 st OF OCTOBER, 2024
CRIMINAL APPEAL No. 10939 of 2024
JAGDISH TANWAR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Akhilesh Kumar Saxena advocate for applicant.

Shri Santosh Singh Thakur public prosecutor for State.

ORDER

Heard on I.A. No. 6607 of 2024, an application for placing documents
on record filed by applicant.

For the reasons stated in the application, the same is allowed and
documents are taken on record.

The appellant has filed this (first) criminal appeal under Section 14-
A(2) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989
being aggrieved by order dated 12/9/2024 passed by

Special Judge ( under
SC & ST Act
), Indore (M.P.) whereby bail application
u/S 439 of
Cr.P.C
. of appellant has been rejected.

Learned Counsel for the State submits that the complainant has been
informed about filing of this appeal in compliance with mandate of
Section
15-A
of the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989.

Signature Not Verified

Signed by: BHUNESHWAR

DATT

Signing time: 01-10-2024

18:37:44

NEUTRAL CITATION NO. 2024:MPHC-IND:28700

2 CRA-10939-2024
The appellant has been arrested on 1/6/2023 relating to Crime No.
432/2022 registered at PS - Bhojpur, District - Rajgadh (M.P.) for offence
punishable under
Sections 376
,
of IPC and
Sections 3(1)(w)(ii)
,
3(2)(v)
,

3(2)
(v-a) of the
Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act
.

As per the case of prosecution, the prosecutrix aged around 40 years
submitted a written complaint on 23.9.2022 to SHO Police Station Bhojpur
District Rajgadh inter-alia stating that on 16.9.2022 around 6 in the evening,
she was working in her agricultural field. Jagdish was driving tractor nearby
her. After sometime Jagdish came to her and caught hold her hands. Jagdish
dragged her to nearby field. Jagdish committed rape on her. Her husband

came there on hearing her shouts, so Jagdish fled away after threatening to
kill her. On such allegations, Police Station Bhojpur, District Rajgadh
registered FIR at crime No. 432/2022 for offence punishable under
Sections
,
of IPC and
Sections 3(1)(w)(ii)
,
3(2)(v)
,
3(2)
(v-a) of the
Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act
. The
prosecutrix was forwarded for medico-legal examination. Statements of
prosecutrix were recorded under
Sections 161
and
of Cr.P.C. Relevant
seizures were made. Jagdish was arrested on 1.6.2023. He is in custody ever
since. On completion of investigation final report was submitted. Trial is
underway.

Learned Counsel for the appellant, in addition to the grounds
mentioned in this appeal, submits that appellant is falsely implicated in this
matter. No act as alleged is committed by the appellant. Learned counsel

Signature Not Verified

Signed by: BHUNESHWAR

DATT

Signing time: 01-10-2024

18:37:44

NEUTRAL CITATION NO. 2024:MPHC-IND:28700

3 CRA-10939-2024
referring to the allegation in the FIR and the statement of prosecutrix
recorded under
Section 164
of Cr.P.C. submits that prosecutrix has alleged
incident of 16.9.2022, whereas the report was lodged on 23.9.2022. No
plausible explanation was given with regard to delay in lodgement of FIR.
Learned counsel further referring to the medico-legal examination report and
evidence of Dr. Puja Bhandari (PW-3) submits that at the time of medico-
legal examination, the prosecutrix had alleged incident of rape on 22.9.2022.
Thus, there is material discrepancy with regard to the alleged incident.
Learned counsel further referring to evidence of prosecutrix (PW-1), submits
that evidence seems to be improbable as prosecutrix has stated that accused
has dragged her when she was sitting with her husband. Learned counsel also
submits that all the material witnesses have been examined, therefore, there
is no likelihood of tampering with remaining evidence by applicant. Learned
counsel further submits that appellant is aged 35 years. He is a labourer by
profession. There is no likelihood of his absconsion leaving behind his
family, home and job. No criminal antecedents is alleged against the
applicant. Trial would take time to conclude. On these grounds, learned
counsel prays that learned Special Judge has committed an error in rejecting
the application for bail, therefore, the impugned order be set aside and
appellant may be extended the benefit of bail.

Per contra, learned counsel for the State opposes the appeal on the
ground of gravity of alleged offence and prays for its rejection.

Heard learned counsel for the parties and perused the case diary.

Signature Not Verified

Signed by: BHUNESHWAR

DATT

Signing time: 01-10-2024

18:37:44

NEUTRAL CITATION NO. 2024:MPHC-IND:28700

4 CRA-10939-2024
Considering the arguments advanced by both the parties and overall
circumstances of the case, while setting aside the order dated 12.9.2024
passed by the Trial Court, this Court is inclined to release the appellant on
bail. Thus, the appeal is allowed.

Accordingly, it is directed that appellant - Jagdish Tanwar shall be
released on bail in relation to Crime No. 432/2022 registered at PS -
Bhojpur, District - Rajgadh (M.P.) for offence punishable under
Sections
,
of IPC and
Sections 3(1)(w)(ii)
,
3(2)(v)
,
3(2)
(v-a) of the
Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act
.upon
furnishing a personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand
Only) with one solvent surety of the same amount to the satisfaction of the
Trial Court, for compliance with the following conditions,:(For convenience
of understanding by accused and surety, the conditions of bail are also
reproduced in Hindi as under):-

(1) Appellant shall remain present on every date of hearing as may be
directed by the concerned court;

(1) आवेदक संबंिधत यायालय के िनदशानुसार सुनवाई क येक ितिथ पर
उप थत रहे गा।

(2) Appellant shall not commit or get involved in any offence of
similar nature;

(2) आवेदक समान कृ ित का केाई अपराध नह ं करे गा या उसम स मिलत नह ं
होगा।

(3) Appellant shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the facts of the case so
as to dissuade them/him/her from disclosing such facts to the Court or
to the police officer;

(3) आवेदक करण के त य से प रिचत कसी य को य या अ य प से
लोभन, धमक या वचन नह ं दे गा, जससे ऐसा य ऐसे त य को यायालय या
पुिलस अिधकार को कट करने से िनवा रत हो ।

(4) Appellant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;

Signature Not Verified

Signed by: BHUNESHWAR

DATT

Signing time: 01-10-2024

18:37:44

NEUTRAL CITATION NO. 2024:MPHC-IND:28700

5 CRA-10939-2024
(4) आवदे क य या अ य प से सा य के साथ छे डछाड करने का या सा ी या
सा य को बहलाने-फुसलाने, दबाव डालने या धमकाने का यास नह ं करे गा ।
(5) During trial, the appellant shall ensure due compliance of
provisions of
Section 309
of Cr.P.C./346 of Bharatiya Nagarik
Suraksha Sanhita, 2023 regarding examination of witnesses in
attendance;

(5) वचारण के दौरान, उप थत गवाह से पर ण के संबंध म आवेदक धारा ३०९ दं .
.सं./ ३४६ भारतीय नाग रक सुर ा सं हता, 2023 के ावधान का उिचत अनुपालन
सुिन त करे गा ।

This order shall be effective till the end of trial. However, in case of
breach of any of the precondition of bail, the trial Court may consider on
merits cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the personal
bond by the accused and on surety bond by the surety concerned. If any of
them is unable to write, the scribe shall certify that he had explained the
conditions to the concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR)
JUDGE

BDJ

Signature Not Verified

Signed by: BHUNESHWAR

DATT

Signing time: 01-10-2024

18:37:44