Savai Lal Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 6442 MP

                                                                               1
                                                     IN THE HIGH COURT OF MADHYA PRADESH
                                                                  AT JABALPUR
                                                                          BEFORE
                                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                       ON THE 29th OF APRIL, 2022

                                                        MISC. CRIMINAL CASE No. 19568 of 2022

                                                Between:-
                                       1.       SAVAI LAL PRAJAPATI S/O MANFAER PRAJAPATI,
                                                AGED ABOUT 22 YEARS, OCCUPATION: SERVICE
                                                VILLAGE MADVAA P.S. SIDHI (MADHYA PRADESH)

                                       2.       ANIL PRAJAPATI S/O MANFAER PRAJAPATI ,
                                                AGED ABOUT 30 YEARS, OCCUPATION: SERVICE
                                                R/O VILLAGE MADVAA, POLICE STATION SIDHI
                                                (MADHYA PRADESH)

                                                                                                           .....APPLICANTS
                                                (BY SHRI SOURABH SINGH THAKUR, ADVOCATE)

                                                AND

                                       1.       THE STATE OF MADHYA PRADESH THROUGH P.S.
                                                CHACHAI ANUPPUR (MADHYA PRADESH)

                                       2.       VICTIM A S/O NOT MENTION THROUGH POLICE
                                                STATION CHACHAI (MADHYA PRADESH)

                                                                                                        .....RESPONDENTS
                                                (BY MS. HEMLATA KSHATRIYA, PANEL LAWYER )

                                             This application coming on for admission this day, the court passed the

                                       following:
                                                                                ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the applicants for grant of bail.

The applicants have been arrested on 22.03.2022 by Police Station-Chachai, District Anuppur (M.P.) in connection with Crime No.301/2022 for the offence punishable under Sections 363, 366-A, 376, 376 (3), 376 (D)(A) and 506 read with Section 34 of the Indian Penal Code.

It is pointed out that the applicants have falsely been implicated in this case, they have not committed any offence in any manner. It is submitted that the DNA report, which has been received is found to be negative. The MLC report does not

Signature Not Verified show any sign of injury over the body of the victim. It is argued that an unnatural SAN

Digitally signed by TAJAMMUL HUSSAIN story has been developed owing to the fact that there was some previous rivalry KHAN Date: 2022.05.02 17:58:10 IST

with the family of the applicants. An FIR was lodged under Crime No.683/2020 on

07.10.2020 against accused Arvind, who is brother of the prosecutrix and just to get the matter compromised and mount pressure upon the family members, this false FIR has been registered. As the statement of victim under Section 164, Cr.P.C. was recorded; therefore, there is no further requirement of custodial

interrogation of the applicants. Applicant no.1 is a teacher and the applicants are the first offenders. They are in custody since 22.03.2022. They are ready to abide b y all the terms and conditions that may be imposed by this Court, while considering their application for grant of bail. Counsel for the applicants has placed reliance upon the judgment passed by the Supreme Court in the case of Jayanta Chatterjee Vs. State of West Bengal (Criminal Appeal No.537/2020, order dated 24.08.2020) and in the case of Jeetendra Vs. State of Madhya Pradesh & anr. reported in (2020) 12 SCC 536; wherein, the factum that general rule is a bail was considered by the Supreme Court, but the same is not applicable in the present facts and circumstances of the case as there are specific allegations made by the prosecutrix against the present applicants. On these grounds, he prays for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the application stating that there are specific allegations made by the victim against the applicants for committing of a gang rape. The aforesaid statement was duly supported by her statement recorded under Section 164, Cr.P.C. before the learned trial Court. She is minor and her date of birth is 2005 as per the school records. In circumstances, when there are specific allegations made by the victim against the applicants, no case for grant of bail is made out. The DNA report and the MLC report are merely just to corroborate the statement and the prosecution story. On these grounds, he has prayed for rejection of the application.

Considering the overall facts and circumstances of the case and also the fact that the statement of victim is yet to be recorded before the trial Court coupled with the fact that in her statement recorded under Section 164 of Cr.P.C., she has supported the prosecution story, this Court does not deem it appropriate to allow Signature Not Verified SAN this application at this stage.

Application is hereby rejected.

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.05.02 17:58:10 IST

(VISHAL MISHRA) JUDGE taj

Signature Not Verified SAN

Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 2022.05.02 17:58:10 IST