Sangeeta Thakur vs The State Of Madhya Pradesh
2022 Latest Caselaw 12306 MP

                                                                     1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                             AT INDORE
                                                                  BEFORE
                                                 HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                        ON THE 15th OF SEPTEMBER, 2022

                                                 MISC. CRIMINAL CASE No. 42160 of 2022

                                          BETWEEN:-
                                          SANGEETA THAKUR W/O SHRI JITENDRA
                                          THAKUR,    AGED    ABOUT   23    YEARS,
                                          OCCUPATION: HOUSEWIFE BHURI TEKRI,
                                          NEAR WATER TANK, TAPRA KANADIYA,
                                          DISTRICT INDORE (MADHYA PRADESH)

                                                                                                 .....PETITIONER
                                          (SHRI AKASHDEEP SHUKLA, COUNSEL FOR THE PETITIONER .

                                          AND
                                          THE STATE OF MADHYA PRADESH STATION
                                          HOUSE OFFICER THROUGH POLICE STATION
                                          KHAJRANA, DISTRICT INDORE (MADHYA
                                          PRADESH)

                                                                                               .....RESPONDENTS
                                          (SHRI KOUSTUBH PATHAK, G.A. FOR STATE)

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

This is second application under Section 439 of the Cr.P.C. filed on behalf of the applicant in connection with Crime No.1244/2021 registered at Police Station - Khajrana, Indore (M.P.) for the offence punishable under Sections 294, 506, 384, 385, 386, 387 and 34 of IPC.

The earlier bail application was dismissed as withdrawn with liberty to renew the prayer after recording of the statement of the complainant.

The statement of complainant has not yet been recorded. It is submitted that despite number of opportunities, the complainant has not turned up before Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 9/15/2022 5:13:02 PM

the trial court.

The prosecution story is that complainant lodged a report in the police station that he is a student of MGM College in P.G. and he resides in the Hostel. Some person had given him mobile number of the present applicant. He called the applicant and thereafter applicant called him to meet near Tagore School, Devpuri Colony, Khajrana. He reached there at about 7.30 p.m. and thereafter two girls came to him and one of them told her name as Sangeeta. Thereafter he was taken to a flat where three unknown persons were present and they asked him to remove his clothes on the point of knife and one girl had taken out her upper clothes. Thereafter photographs and video were prepared

and complainant was asked to give Rs. 10 Lacs otherwise the video would be made viral and Rs. 4,000/-, a smart watch and mobile etc. were looted from him. Thereafter the applicant and other accused persons contacted the present applicant on mobile for demand of money which was refused by the complainant. Thereafter one of his friends informed him that his naked photos have already been made viral. Then he lodged the report. As per aforesaid prosecution case, the main allegation is against the present applicant who had called other persons and the applicant was subjected to extortion.

Counsel for the applicant submits that other co-accused persons have been granted bail. It is further submitted that applicant is a lady and she is in jail since 22.12.2021, therefore, she be enlarged on bail. In support of his submission, he has placed reliance on an order passed by the apex Court in Cr.Appeal No.1418/2022 (Teesta Atul Setalvad Vs. State of Gujarat) where the apex Court has granted bail to the accused taking into consideration that accused was a lady and offence was relating to the year 2002.

The aforesaid judgment of the apex Court would not render any Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 9/15/2022 5:13:02 PM

assistance to the case of present applicant. The allegations against the present applicant are serious in nature for extortion by putting the complainant in the fear of death or grievous hurt. The case of present applicant is also not identical to the case of other co-accused persons as the main allegation is against the present applicant that after talking on mobile, the applicant had taken the complainant to a room where extortion was committed. The punishment under section 387 of IPC is for a term which may extend to 7 years. The statement of complainant has not yet been recorded.

Considering the aforesaid, I am not inclined to grant bail to the applicant. M.Cr.C. is accordingly dismissed.

(VIJAY KUMAR SHUKLA) JUDGE MK

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 9/15/2022 5:13:02 PM