Bulbul Bhandari vs The State Of Madhya Pradesh
2022 Latest Caselaw 13649 MP

                                                  1
                             IN THE HIGH COURT OF MADHYA PRADESH
                                           AT INDORE
                                                 BEFORE
                                     HON'BLE SHRI JUSTICE ANIL VERMA
                                        ON THE 17th OF OCTOBER, 2022

                                MISC. CRIMINAL CASE No. 47734 of 2022

                          BETWEEN:-
                          BULBUL BHANDARI W/O MR. SHUBHAM
                          BHANDARI,
                          AGED ABOUT 22 YEARS,
                          OCCUPATION: HOUSEWIFE
                          R/O: VILLAGE SHERPUR, TEHSIL MHOW,
                          DISTRICT INDORE (MADHYA PRADESH)

                                                                              .....APPLICANT
                          (BY SENIOR ADVOCATE SHRI RAVINDRA SINGH CHHABRA
                          ALONG WITH SHRI VIBHOR KHANDELWAL, LEARNED COUNSEL
                          FOR THE APPLICANT)

                          AND
                          THE STATE OF MADHYA PRADESH STATION
                          HOUSE OFFICER THROUGH POLICE STATION -
                          KARAHI, DISTRICT KHARGONE (MADHYA
                          PRADESH)

                                                                         .....NON APPLICANT
                          (SHRI GOVIND PUROHIT, GA FOR STATE)
                          (SHRI NEERAJ GAUR ADV. FOR OBJECTOR)

                      This application coming on for orders this day, th e court passed the

             following:
                                                   ORDER

Applicant has filed this first bail application under Section 439 of the Code of Criminal Procedure, 1973. She is in jail since 21.9.2022 in connection with Crime No.211/2022 registered at P.S. - Karahi, District Khargone (M.P.) for commission of offence punishable under Section 354, 354-A, 354-D, 366, Signature Not327, 323, Verified 506, 34 of IPC and under Section 67 and 67-A of IT Act. Signed by: TRILOK SINGH SAVNER As per the prosecution story, in November 2019 co-accused Shubham Signing time: 17-Oct-22 6:31:09 PM

along with three other persons abducted the prosecutrix/complainant and forcefully recorded some obscene videos of the complainant and present applicant threatened the complainant to make the aforesaid video viral. While complainant told her to delete the videos, then co-accused forced the complainant to first kiss him and thereafter he will delete the video. While kissing, co-accused Shubham clicked a picture and when complainant returned back to her home, co-accused Shubham threatened her and extorted Rs.30,000/- from her. Thereafter both the parties entered into an agreement. Prosecutrix narrated the incident to the present applicant, who is the wife of co- accused Shubham. Thereafter present applicant sent obscene video and

photograph of kissing to the father of the prosecutrix and threatened her that they will viral the video. Complainant lodged the FIR. Accordingly offence has been registered against the present applicant and other co-accused persons.

Learned counsel for the applicant contended that applicant is innocent and she has been falsely implicated in this matter. She is in custody since 21.9.2022. She is a lady and mother of two month's old child, who requires utmost care of his mother. Present applicant is not the main accused. She is permanent resident of District Indore and there is no apprehension of her fleeing away from the court of justice. Investigation is almost over in respect of the present applicant. The concerned mobile number does not belong to the applicant and it has not been used for last one year. Hence, he prays that applicant be released on bail.

Counsel for the applicant has also placed reliance upon the judgment of Delhi High Court in the case of Kajal Vs. State (NCT of Delhi) reported in Signature Not Verified 2022 SCC OnLine Del 2531, wherein it has been held that:- Signed by: TRILOK SINGH SAVNER Signing time: 17-Oct-22 6:31:09 PM "The court is expected to take note of interest of a child, who is not

expected to be exposed to the prisons, until and unless there is a grave danger in releasing the petitioner on bail. Even the proviso to Section 437(1) Cr.P.C. also provides that the condition of not releasing a person on bail charged with an offence punishable with death or imprisonment for life shall not be applicable."

Per-contra, learned counsel for the objector opposes the bail application and prays for its rejection by submitting that present applicant has taken active part in viraling the obscene video and also threatening the complainant. Whatsapp chat and videos are also available, therefore, she does not deserve for bail.

Learned GA for respondent/State also opposes the bail application and prays for its rejection, but he fairly admits that no criminal antecedent has been found against the present applicant.

Perused the case diary as well as the impugned order of the court below. Considering all the facts and circumstances of the case, arguments advanced by counsel for the parties, nature and gravity of allegation as also taking note of the fact that present applicant is not the main accused who has prepared obscene videos of the complainant, she is a 22 years old lady and mother of a 2 months old child, investigation is almost over in respect of the present applicant, she is not having any criminal antecedents, she is in jail since 21.9.2022 and final conclusion of trial will take considerable long time, I deem it

proper to release the applicant on bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail upon Signature Not Verified her furnishing a personal bond in the sum of Rs.75,000/- with one solvent Signed by: TRILOK SINGH SAVNER Signing time: 17-Oct-22 6:31:09 PM surety in the like amount to the satisfaction of the trial Court for her appearance

before the trial Court, as and when required. She shall abide by the conditions enumerated u/S. 437(3) Cr.P.C.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 17-Oct-22 6:31:09 PM