Madhya Pradesh High Court
Prosecutrix vs The State Of Madhya Pradesh on 6 May, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42117/2021
Prosecutrix Vs. The State of M.P. and another
Gwalior, Dated:06/05/2022
Shri Arun Sharma, Advocate for applicant.
Shri C.P. Singh, Panel Lawyer for respondent no.1/State.
Shri Ankur Maheshwari, Advocate for respondent no.2.
This application under Section 439(2) of Cr.P.C. has been filed
seeking cancellation of bail, granted to respondent no.2 vide order
dated 16/7/2021 passed in M.Cr.C. No.35026/2021, on the ground of
misuse of liberty.
It is submitted by the counsel for the applicant that the
respondent no.2, namely, Mohit Maheshwari was granted bail by a
co-ordinate Bench of this Court by order dated 16/7/2021 passed in
M.Cr.C. No.35026/2021 and it was also observed that the applicant
shall not commit any other offence during the pendency of trial,
failing which the bail order shall stand cancelled automatically
without reference to the Court. It is submitted that now Crime
No.523/2021 registered at Police Station Gwalior, District Gwalior
has been committed by the respondent no.2 for offence under
Sections 195-A, 294 and 506 of IPC. It is submitted that immediately
after getting released on bail, the respondent no.2 has started
pressurizing the applicant to withdraw her case. He is regularly
sending whatsapp messages extending threat that in case if the case is
not withdrawn, then he would make her life hell. It is submitted by
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42117/2021
Prosecutrix Vs. The State of M.P. and another
the counsel for the applicant that the applicant has provided copy of
the screenshots of the messages to the police to show that the
respondent no.2 is pressurizing her.
Per contra, the application is vehemently opposed by the
counsel for the respondent no.2. It is submitted that there is nothing
on record to show that the screenshots provided by the applicant to
the police were ever sent by the respondent no.2. It is further
submitted that the investigation of Crime No.523/2021 is still
pending and unless and until the police comes to a conclusion that
the messages of threatening were sent by the respondent no.2, his bail
may not be cancelled on the said ground, otherwise it will hamper
and prejudice the investigation. It is further submitted that the
prosecutrix has already been examined and, therefore, now there is
no need of giving any threat and her solitary intention is to somehow
ensure cancellation of bail granted to the respondent no.2.
Heard learned counsel for the parties.
The allegations made by the applicant are that after his release
on bail, the applicant is being threatened by the respondent no.2 by
sending whatsapp messages. The investigation, as to whether these
messages were sent by the respondent no.2 or not, is yet to be
completed. However, at the same time the protection of a witness is
also of a paramount consideration. Accordingly, in the light of the
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.42117/2021
Prosecutrix Vs. The State of M.P. and another
judgment passed by the Supreme Court in the case of Mahender
Chawla and others Vs. Union of India and others reported in
(2019) 14 SCC 615, the Superintendent of Police, Gwalior is
directed to provide adequate security to the applicant to ensure that
no threat is given to her.
So far as the threatening allegedly extended by the respondent
no.2 is concerned, the Superintendent of Police, Gwalior is directed
to ensure that the investigation of Crime No.523/2021 is completed
within a period of two months. If it is found that the respondent no.2
had sent the threatening messages to the applicant, then the applicant
shall be free to file a fresh application for cancellation of bail.
With aforesaid observations, the application is finally disposed
of.
Let a copy of this order be supplied to the State counsel for
communicating the same to the Superintendent of Police, Gwalior for
necessary information and compliance.
(G.S. Ahluwalia)
Judge
Arun*
ARUN KUMAR MISHRA
2022.05.07 15:42:27 +05'30'
