Madhya Pradesh High Court
Swapnil Jaiswal vs The State Of Madhya Pradesh on 30 December, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
NEUTRAL CITATION NO. 2024:MPHC-JBP:63922
1 CRA-13510-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 30th OF DECEMBER, 2024
CRIMINAL APPEAL No. 13510 of 2024
SWAPNIL JAISWAL
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Manish Datt - Senior Advocate with Shri Prateek Tiwari -
Advocate for appellant.
Shri Santosh Yadav- G.A. for the respondent No.1/State.
Shri Aman Soni - Advocate for the respondent No.2/objector.
ORDER
This is first Criminal Appeal under section 14-A of the Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, for
grant of bail filed on behalf of the appellant against the order dated
30.11.2024 passed in B.A. No.1060/2024.
2. The appellant has been arrested in connection with Crime
No.170/2024 registered at Police Station-Mahila Thana Betul, District Betul
(M.P.), for the offences punishable under Section 69 of Bhartiya Nyay
Sanhita, 2023 and Section 3(2)(v) of Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act. Appellant is in jail since 18.11.2024.
3. Prosecution story in brief is that appellant repeatedly established
physical relation with prosecutrix, aged about 31 years, on false pretext of
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 1/1/2025
1:01:49 PM
NEUTRAL CITATION NO. 2024:MPHC-JBP:63922
2 CRA-13510-2024
marriage.
4. Learned Senior Counsel for the appellant submits that in the instant
case, prosecutrix is a married lady aged 31 years and number of disputes are
going on between prosecutrix and her husband, including case under Section
125 Cr.P.C. It is also urged that incident is said to have occurred from
09.07.2024 to 25.08.2024 and FIR has been lodged on 13.09.2024. This
delay in lodging FIR has not been explained. It is also urged that appellant as
well as prosecutrix were in relation since last one year and they got
acquainted with each other through Facebook. It is also urged that legally
prosecutrix’s marriage with her husband has not been dissolved till today by
any competent Court. It is also urged that earlier also prosecutrix made
similar allegation against one Pawan & on account of that Pawan committed
suicide & in relation thereto, offence under Section 306/34 IPC at Crime No.
475/2022 was registered against prosecutrix and her father. It is also urged
that apellant is in jail since 18.11.2024. After investigation, charge-sheet has
been filed. No custodial investigation is required. Therefore, appellant be
released on bail.
5. Learned counsel for the State submits that appellant is not entitled to
be released on bail.
6. Learned counsel for the objector also submits that appellant has
criminal antecedents pertaining to offence under Section 3/7 of Essential
Commodities Act as well as Section 34(2) M.P. Excise Act. Looking to
nature of allegations, appeal be dismissed.
7. Heard learned counsel for the parties & perused record of the case.
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 1/1/2025
1:01:49 PM
NEUTRAL CITATION NO. 2024:MPHC-JBP:63922
3 CRA-13510-2024
8. Having regard to nature of allegation as well as nature of evidence
available on record, without commenting on the merits of the case, this
appeal is allowed.
9. It is directed that appellant be released on bail on his furnishing a
personal bond in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand
only) with one solvent surety in the like amount to the satisfaction of the trial
Court, for his regular appearance before the trial Court during trial with a
condition that he shall remain present before the concerned Court on all the
dates fixed by it during trial. He shall abide by all the conditions enumerated
under Section 480(3) of Bharatiya Nagarik Suraksha Sanhita, 2023.
10. This order shall be effective till the end of the trial. However, in
case of bail jump and breach of any of the conditions of bail, it shall become
ineffective.
11. Certified copy as per rules.
(ACHAL KUMAR PALIWAL)
V. JUDGE
vkt
Signature Not Verified
Signed by: VINOD KUMAR
TIWARI
Signing time: 1/1/2025
1:01:49 PM