Sonu @ Ashish Gupta vs The State Of Madhya Pradesh
2022 Latest Caselaw 3506 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     MCRC No.6683/2022
       Sonu @ Ashish Gupta & Ors. vs. State of M.P. & Anr.

Gwalior, Dated : 11/03/2022

      Shri Sanjeev Agrawal, Counsel for the applicants.

      Smt. Anjali Gyanani, Counsel for the respondent No.1/State.

      Shri      Aditya       Singh     Ghuraiya,       Counsel       for

complainant/respondent No.2.

      Case diary is available.

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

for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime

No.155/2021 S.C. (Complaint Case) pending in the Court of Special

Judge (POCSO Act), District Shivpuri for offence under Sections

376(GH), 340 of IPC and under Section 6 read with Section 5 (CHH)

of POCSO Act.

It is submitted by the counsel for the applicants that the

applicants have been falsely implicated. The applicant No.2 had

lodged an FIR No.169/2015 at Police Station Bhauti, District Shivpuri

for offence under Section 379 of IPC against the complainant and one

Sampat Lodhi on the allegations that they had stolen one new and two

old mobiles. However, by way of counterblast, the complaint has been

filed by the complainant whereas the applicants are innocent persons.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State as well as counsel for the

THE HIGH COURT OF MADHYA PRADESH MCRC No.6683/2022 Sonu @ Ashish Gupta & Ors. vs. State of M.P. & Anr.

complainant. It is submitted that in fact the complaint was filed by the

complainant against four accused persons including one Bhanu who is

posted in Police Station Bhauti on the post of Constable and only on

account of his status, the police did not take any action against the

applicants as well as co-accused Bhanu. Sampat Bai had already been

acquitted by judgment dated 13.9.2021 passed by JMFC, Pichhore,

District Shivpuri in RCT No.300590/2015 and the Trial Court had

given a specific finding that the prosecution has failed to prove the

allegation of theft.

Considering the serious nature of allegations made by the

complainant coupled with the fact that in the FIR, even IMEI number

of mobiles which were allegedly stolen by the complainant and

Sampat Bai have not been given as well as even in the seizure memo,

IMEI number of the mobiles were not given, this Court is of the

considered opinion that at present there is no good reason to

disbelieve the allegations of gang rape by the applicants and the

complainant was minor at the relevant time.

Accordingly, the application fails and is hereby dismissed.

(G.S. Ahluwalia) Judge (alok)

ALOK KUMAR 2022.03.11 17:00:40 +05'30'