Smt. Saroj Adiwasi vs The State Of Madhya Pradesh
2022 Latest Caselaw 5852 MP

                           1
          THE HIGH COURT OF MADHYA PRADESH
                   MCRC No.17871/2022
          (SMT. SAROJ ADIWASI VS. STATE OF M.P.)

Gwalior, Dated : 21/04/2022

       Shri Mahesh Goyal, learned counsel for the applicant.

       Smt. Anjali Gyanani, learned counsel for the State.

       Case diary is available.

       This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

       The applicant has been arrested on 24/12/2021 in connection

with Crime No.488/2021 registered at Police Station Bairad, District

Shivpuri for offence under Sections 376, 344, 323, 506 of IPC.

       It is submitted by the counsel for the applicant that according

to the prosecution case, the prosecutrix who is major and is a married

woman eloped with co-accused P.P. Adiwasi and it is alleged that she

stayed with him at Morena. It is alleged that co-accused P.P. Adiwasi

refused to marry her. It was alleged that she was locked by co-

accused P.P. Adiwasi and had raped her for about one and half

months. It was alleged by the prosecutrix in her statement under

Section 161 of Cr.P.C. that in order to save herself, she went along

with the applicant to Jaipur and thereafter, came back to Jaura on

18/12/2021

. It is submitted that no allegation was made by the

prosecutrix against the applicant in her statement under Section 161

of Cr.P.C. However, in her statement recorded under Section 164 of

Cr.P.C., it was alleged that the applicant took her to Jaipur and where

THE HIGH COURT OF MADHYA PRADESH MCRC No.17871/2022 (SMT. SAROJ ADIWASI VS. STATE OF M.P.)

she used to beat her and was compelling her to do labour work and

whenever she used to refuse to do labour work, she was beaten by the

applicant and her husband Banti. It was also alleged that his earning

were also being kept by the applicant and her husband. The applicant

and her husband were talking that they would sell the prosecutrix and

thereafter, she came back to Jaura with the help of one person. It is

submitted that the allegations made against the applicant in her

statement under Section 164 of Cr.P.C. are not only delayed but there

is no allegation that the applicant or her husband had ever molested

her or had compelled to involve in flesh business. The only

allegations are that she was compelled to do Begar. The applicant is

in jail for the last four months. Co-accused Banti has also been

granted bail by the Sessions Court. The Trial is likely to take

sufficiently long time and there is no possibility of her absconding or

tampering with the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the State.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It is

directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with

one surety in the like amount to the satisfaction of the Trial

THE HIGH COURT OF MADHYA PRADESH MCRC No.17871/2022 (SMT. SAROJ ADIWASI VS. STATE OF M.P.)

Court/Committal Court to appear before the Court on the dates given

by the concerned Court.

This order shall remain effective till the end of trial but in case

of bail jump, it shall become ineffective.

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

the case of Aparna Bhat and others Vs. State of M.P. Passed on

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                                      (G.S. Ahluwalia)
Pj'S/-                                                                      Judge
         Digitally signed by
         PRINCEE BARAIYA
         Date: 2022.04.21
         16:09:46 -07'00'