Smt. Meera Batham vs The State Of Madhya Pradesh
2021 Latest Caselaw 7464 MP

                              1
          THE HIGH COURT OF MADHYA PRADESH
                    MCRC No.54623/2021
              Smt. Meera Batham vs. State of M.P.

Gwalior, Dated : 16.11.2021

      Shri Vikas Saxena, Counsel for the applicant.

      Shri C.P. Singh, Panel Lawyer for the respondent/State.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime

No.409/2021 registered at Police Station Padav, District Gwalior for

offence under Sections 376(D), 506 of IPC.

It is submitted by the counsel for the applicant that according to

the prosecution case, the prosecutrix was offered smack as a result

she went along with the co-accused persons where she was raped by

them. It is submitted that the only allegation against the applicant is

that at the time of commission of rape she was sitting outside the

room. The applicant is an old lady aged about 62 years. It is further

submitted that the prosecutrix herself admitted that she is in habit of

consuming smack. The applicant is ready and willing to cooperate

with the investigation. The trial is likely to take sufficiently long time

and there is no possibility of her absconding or tampering with

prosecution witnesses.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC No.54623/2021 Smt. Meera Batham vs. State of M.P.

Counsel for the State. However, it is submitted that the prosecutrix is

undoubtedly a major girl. On 16.9.2021, she was offered smack and,

accordingly she went along with the co-accused persons where she

was raped and before that the prosecutrix had also consumed smack.

It was alleged that when the prosecutrix tried to open the lock but

could not open the same. However, the counsel for the State could not

point out as to when the room was locked, then how the prosecutrix

came to know that the applicant is sitting outside the room.

Considering the facts and circumstances of the case and

without commenting on the merits of the case, the application is

allowed subject to condition that if the applicant appears before the

Investigating Officer (Arresting Officer) on or before 23.11.2021, she

shall be released on bail on her furnishing a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like

amount to the satisfaction of the Arresting Officer (Investigating

Officer).

The applicant shall make herself available for interrogation by

the Investigating Officer as and when required. She shall further abide

by the other conditions enumerated in sub-section (2) of Section 438

of Cr.P.C.

It is made clear that in case if the applicant fails to appear

THE HIGH COURT OF MADHYA PRADESH MCRC No.54623/2021 Smt. Meera Batham vs. State of M.P.

before the Investigating Officer (Arresting Authority) on or before

23.11.2021, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take her in custody.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

                                                                (G.S. Ahluwalia)
 (alok)                                                               Judge




ALOK KUMAR
2021.11.17 10:54:02 +05'30'