Justice Vishnu Pratap Chauhan allowed an appeal filed against the order passed by the Special Judge under the provisions stated in Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The previously passed order dismissed the bail application filed by the appellant under Section 439 of CrPC. Justice VP Chauhan allowed the petition, setting aside the order passed by the trial court.
The appellant was in jail for the commitment of punishable offence under the provisions of Section 341, 354, 354-B and 323 IPC under Sections 7 and 8 of the POCSO Act and under Section 3(1)(w) and 3(2) (v-a) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
The prosecution submitted that on 28/01/2019 appellant appeared when the prosecutrix had been answering the call of nature. The appellant then tried to drag the girl away by holding her wrists and upon being resisted, attacked the prosecutrix with fistcuffs. The counsel of the respondent/state was represented by SB Agnihotri had vehemently opposed this bail application.
The MP HC after going through the entire case diary held that the prosecutrix at the time of assault had been more than 17 years of age. Also, the investigation is done with and a charge sheet has already been filed and the following trial will take considerable amount of time. Henceforth considering the facts entailed and the circumstances of the case, the HC held that the trial court had erred in dismissing the application filed by the appellant under Section 439 of the CrPC. A bail was also granted after the deposition of 40000 rupees and one solvent security.
Gulab Pal v. State of Madhya Pradesh, Cr.A. No. 9175 of 2019