Smt. Sapna vs The State Of Madhya Pradesh
2021 Latest Caselaw 7018 MP

                                                                     1                              MCRC-53432-2021
                                        The High Court Of Madhya Pradesh
                                                MCRC No. 53432 of 2021
                                               (SMT. SAPNA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                1
                                Indore, Dated : 29-10-2021
                                       Shri Himanshu Thakur, learned counsel for the applicant.
                                       Ms. Harshlata Soni, learned Panel lawyer for the respondent-State.

Case diary perused.

This is first application under Section 439 of Cr.P.C. filed on behalf of the applicant for grant of bail. The applicant is in custody since 11/10/2021 in

connection with Crime No.198/2021 registered at Police Station- Bhavgarh, District-Mandsaur for the offence punishable under Sections 363, 366, 376(2)(n), 109 of IPC and Section 3/4, 5 (l), 6, 17 of POCSO.

2. As per prosecution story, complainant Shyamlal; father of the prosecutrix lodged a report at police station Bhavgarh with an effect that on 06/07/2021, he was sleeping in his house alongwith his wife Kalabai and his minor daughter/ prosecutrix. He woke up at 4 am and went outside the house to answer nature's call, when he came back, he found that prosecutrix was missing. Alongwith his wife, he searched the prosecutrix in the entire house and neighborhood, but could not find her anywhere. He suspected that co-accused Vijaypal abducted her minor daughter. Accordingly,

case has been registered against co-accused Vijaypal. During investigation, it is gathered that present applicant-Sapna told the prosecutrix that if she loves Vijaypal then she may go with him and solemnize marriage. Accordingly, present applicant has been made accused in this case and a case has been registered against her.

3. Investigation is complete. Charge-sheet has been filed.

4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. Applicant is in custody since 11/10/2021. Investigation is complete. Charge-sheet has been filed. There is no evidence on record to establish nexus of the applicant with the offence directly or indirectly. Applicant is a lady aged about 31 years and she is also a government servant and permanent resident of District-Mandsaur, therefore, there is no apprehension of her fleeing away from the court of justice or tempering with the prosecution witnesses and conclusion of trial will take a long sufficient time, hence, applicant may be

Signature Not Verified SAN enlarged on bail on such terms and conditions, this Court deems fit and proper.

Digitally signed by VARSHA
CHATURVEDI
Date: 2021.10.30 16:55:52 IST
                                                                       2                             MCRC-53432-2021

5 . Per contra, learned Panel lawyer for respondent / state opposes the bail application and prays for its rejection. However, she fairly submits that there is no criminal antecedents of the applicant.

6. Considering the facts and circumstances of the case, nature and gravity of the allegations and also taking note of the fact that investigation is complete, charge- sheet has been filed, therefore, applicant is no more required for custodial

interrogation and looking to the fact that role attributed to the present applicant is very limited and she is not the main accused. As per the judgment of the Hon'ble Apex Court in the case of Priya Patel Vs. State of M.P. reported in AIR 2006 SC 2639, a women cannot be prosecuted for the offence of rape. Under such circumstances, but without commenting upon the merits of the case, I deem it proper to release the applicant on bail.

7. Accordingly, the application filed by the applicant is allowed. The applicant is directed to be released on bail on his furnishing personal bond in the sum of Rs.70,000/- (Rs. seventy thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for her regular appearance before the trial Court during trial with a condition that she shall remain present before the court concerned during trial and shall also abide by the conditions enumerated under Section 437 (3) Criminal Procedure Code, 1973.

8. Before releasing the applicant from custody, the jail authorities are directed to medically examine her in order to rule out the possibility of COVID-19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No.1/2020.

Certified copy as per rules.

(ANIL VERMA) JUDGE

vc

Signature Not Verified SAN

Digitally signed by VARSHA CHATURVEDI Date: 2021.10.30 16:55:52 IST