Bhagchand Ahirwar @ Abhishek vs The State Of Madhya Pradesh
2022 Latest Caselaw 4589 MP

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        THE HIGH COURT OF MADHYA PRADESH
                    MCRC-15772-2022
  Bhagchand Ahirwar @ Abhishek Vs. State of MP and another

Gwalior, Dated: 31.03.2022

      Shri Rohit Bansal, Counsel for the applicant.

      Smt. Anjali Gyanani, Counsel for the State.

      Shri Chetan Kanungo, Counsel for the complainant.

      Case Diary is available.

      This first application under Section 439 of CrPC has been filed

for grant of bail.

      The applicant has been arrested on 14.03.2022 in connection

with Crime No.674/2021 registered at Police Station Vidisha Dehat

Distt. Vidisha for offence under Sections 294, 323, 506, 354, 354(A)

of IPC and Section 7/8 of POCSO Act.

      It is submitted by the counsel for the applicant that according

to the prosecution case, the complainant Aradhya Jain lodged a report

on the allegation that on 27.08.2021 she had gone to the Court as the

evidence of her younger sister against the applicant was to take place.

At about 01:00 PM, her sister was standing at the gate of the Court

whereas she was also standing along with her parents at some

distance and was talking to them. At that time, the applicant caught

hold the hand of her sister with an evil intention and teased her.

Accordingly, her sister started crying. After hearing the noise they

went to the spot where entire incident was narrated by her younger

sister. At that time, the applicant along with his two friends started
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        THE HIGH COURT OF MADHYA PRADESH
                    MCRC-15772-2022
  Bhagchand Ahirwar @ Abhishek Vs. State of MP and another

abusing them and when it was objected by them, then the applicant

and his companions started beating them. She is carrying a pregnancy

of three months. The applicant was aware of the fact that she was

pregnant, even then he gave a kick blow in her abdominal region, as

a result, she fell on the ground. The bypassers intervened in the

matter and the applicant left the place after extending a threat to their

life. It is submitted that in fact, the complainant has lodged a false

report. The applicant, who is a practicing Lawyer, was beaten by the

complainant as well as by Deepak Kumar Jain, Akash Jain, Babita

Jain, Akshay Kumar Jain, Rakshasamridhi Jain, Ashok Kumar Jain as

well as 2-4 other persons. They waylaid him and started humiliating

him by calling him by caste name and also extended a threat that they

would kill him and started assaulting him by lathi, shoes, slipper, fists

and blows. As a result, he fell down. An amount of Rs.14,500/- and a

mobile of Samsung company also fell down. He was saved by his

colleagues Kishore Kumar, Naveen Rai, Gyan Singh Rajput,

Rajnarayan Yadav, Jeevan Singh Kirar, Devendra Singh Rajput,

otherwise they would have killed. On account of beating, he has

sustained injuries on different parts of his body. It is submitted that

the allegation made by the complainant that the applicant had kicked

in her abdominal region knowing-fully well that she is pregnant, is

false. The complainant was admitted in the District Hospital, Vidisha
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        THE HIGH COURT OF MADHYA PRADESH
                    MCRC-15772-2022
  Bhagchand Ahirwar @ Abhishek Vs. State of MP and another

and it is clear from the in-patient hospital register that although the

complainant was admitted in the hospital on 28.08.2021 at about

12:24:54, but she went missing from the hospital from 29.08.2021

and ultimately it was found that she went away to her house without

informing and taking permission of the hospital authorities. Not only

that, the UPT of the complainant was found to be negative, and no

abnormality was also seen in her uterus. The query report was

obtained from Medical Officer, District Hospital, Vidisha, who has

specifically opined that since UPT report of the complaint is negative

but in the internal examination, her uterus was found to be bulky,

therefore, it may happen during menstrual period or because of some

infection. The bleeding was found on account of menstrual cycle. In

the sonography, nothing was found which could be suggestive of the

fact that she is pregnant. Thus, it is clear that the complainant has

lodged a false report against the applicant. He is in jail from

14.03.2022

. The Trial is likely to take sufficiently log time and there

is no possibility of his absconding or tampering with the prosecution

case.

Per contra, the application is vehemently opposed by the

counsel for the State. It is submitted that the applicant has a criminal

history and as many as 11 cases have been registered against him

including one offence under Sections 376(2)(n) and 376(D) of IPC. It

THE HIGH COURT OF MADHYA PRADESH MCRC-15772-2022 Bhagchand Ahirwar @ Abhishek Vs. State of MP and another

is further submitted that he had caught hold the hand of younger

sister of the complainant with an evil intention in the Court premises.

He is an Advocate and it is expected that he would have maintained

the dignity and in spite of the fact that he is having the criminal

record, the Bar Council has not taken any action against him.

Considered the submissions made by the counsel for the

parties.

It is true that the applicant has a criminal history and as many

as 12 cases have been registered against him, including four cases

under Section 354 of IPC and one case under Section 376 of IPC, but

it is not known as to whether the Bar Council has taken note of the

criminal antecedents of the applicant or not.

Be that whatever it may.

From the medical report given by the Medical Officer, District

Hospital, Vidisha, it appears that the complainant is not pregnant and

she has made a false statement in the complaint. Furthermore, she has

not explained as to why she left the hospital without informing and

taking permission of the Doctors.

Be that whatever it may.

Thus, this Court is of the considered opinion that the applicant

can be granted bail. Accordingly, without commenting on the merits

of the case, the application is allowed. It is directed that the applicant

THE HIGH COURT OF MADHYA PRADESH MCRC-15772-2022 Bhagchand Ahirwar @ Abhishek Vs. State of MP and another

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 Court/Committal Court to appear

before the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before the

S.H.O. Police Station Vidisha Dehat District Vidisha on 1st and

15th of every month during the pendency of the Trial. In case of

bail jump or non-appearance of the applicant before the police station

as directed by this Court, this order shall lose its effect.

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) Judge Abhi ABHISHEK CHATURVEDI 2022.04.01 14:26:51 +05'30'