Mayabai vs The State Of Madhya Pradesh
2023 Latest Caselaw 19264 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 20 th OF NOVEMBER, 2023
                                          MISC. CRIMINAL CASE No. 50525 of 2023

                           BETWEEN:-
                           MAYABAI W/O LATE ANIL, AGED ABOUT 30 YEARS,
                           OCCUPATION: NIL, R/O RAJABAG COLONY, INDORE.
                           PERMANENT, PERMANENT ADDRESS : GANJBASODA,
                           DISTRICT VIDISHA (MADHYA PRADESH)

                                                                                             .....APPLICANT
                           (BY SHRI GAJENDRA SINGH DODIA - ADVOCATE)

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

                                                                                          .....RESPONDENT
                           (BY SHRI AMIT RAWAL - GOVT. ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                               ORDER

This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.1891/2022 registered at Police Station Banganga, District Indore (M.P.) for the offence under Sections 363, 366-A, 344, 323 and 506 of the Indian Penal Code, 1860.

2. As per the prosecution story, the father of the prosecutrix / complainant lodged an FIR at Police Station Banganga by stating that her minor daughter is missing from home since 11/11/2022 at about 04:00 pm. During the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/21/2023 11:39:15 AM

investigation, it has been gathered that co-accused Bhagwandas @ Krishna abducted the minor prosecutrix and kept her in the house of present applicant and also took her at different places and he repeatedly committed rape upon her. Accordingly, a case has been registered.

3. Learned counsel for the applicant contended that applicant is innocent and she has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. Nothing has been recovered from her possession regarding the aforesaid offence. Applicant is a housewife and is permanent resident of district Vidisha. Final conclusion of trial shall take sufficient long time. Under the above

circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned counsel for the respondent - State opposes the bail application and prays for its rejection.

5. Perused the impugned order of the trial Court as well as the case dairy.

6. Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation and also taking note of the fact that present applicant is not the main accused, who has committed rape upon the prosecutrix; limited allegation has been levelled against the present applicant that she has provided her house as shelter to the co-accused and minor prosecutrix for two days, but prosecutrix herself has not mentioned in her statement under Section 164 of Cr.P.C. that at the time of incident present applicant was present in her house, therefore, no active participation of the applicant is found in the offence and possibility of delay in conclusion of the trial cannot be ruled out. Therefore, without commenting upon the merits of the Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/21/2023 11:39:15 AM

case, I deem it proper to release the applicant on anticipatory bail.

7. Accordingly, application is allowed. It is directed that in the event of applicant's arrest, the applicant be released on anticipatory bail on her furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of arresting officer for her appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

8. However, concerning police authorities are also directed to ensure the necessary compliance of judgment dated 31/07/2023 passed by Hon'ble the Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Another) arising out of SLP (Crl.) No.3433 of 2023 regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 11/21/2023 11:39:15 AM