Madhya Pradesh High Court
Smt Anita Balmik vs The State Of Madhya Pradesh on 24 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:1499
1 CRA-863-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 24th OF JANUARY, 2025
CRIMINAL APPEAL No. 863 of 2025
SMT ANITA BALMIK
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Abhishek Parashar - learned counsel for the appellant.
Shri B.P.S. Chauhan -learned Public Prosecutor for the
respondent/State.
ORDER
1. This criminal appeal (first) under Section 14-A(2) of the Scheduled
Caste and Scheduled Tribe (Prevention of Atrocities) Act has been filed
against the order dated 15.1.2025 passed by Special Judge (Atrocities),
Gwalior, in Bail Application 71/2025 whereby the application moved by the
appellant for grant of bail under Section 483 of BNS in connection with
Crime No.18/2025 registered at Police Station Dabra, District Gwalior for
the offences punishable under Sections 108, 3(5) of BNS and Section 3(2)(v)
of SC/ST Act has been rejected.
2. Learned counsel for the appellant submits that appellant is innocent
and has been falsely implicated in the case. She is in custody since 8.1.2025.
As per prosecution case, she along with co-accused- Rameshwar were
blackmailing the deceased by making obscene video and threatened him to
NEUTRAL CITATION NO. 2025:MPHC-GWL:1499
2 CRA-863-2025
implicate in false case. The deceased has given Rs.20,000/- to the present
appellant but nothing has been seized from possession of appellant. The
entire story of prosecution is doubtful. As regards the criminal history, one
more case is registered against the present appellant but that case was
disposed of and she has been acquitted but the copy of judgment passed in
favour of the appellant could not have been filed by the learned counsel for
the appellant. She is ready and willing to abide by all the terms and
conditions which may be imposed by this Court. Conclusion of trial will take
time. On these grounds, learned counsel prays for grant of bail to the
appellant.
3. Per contra, learned counsel for the State opposed the bail application
and prayed to dismiss the application.
4. Heard learned counsel for the parties and perused the case diary.
5. Considering the facts and circumstances of the case, but without
expressing any opinion on merits of the case, this appeal is allowed by
setting aside the order dated 15.1.2025 passed by Special Judge (Atrocities),
Gwalior, in Bail Application 71/2025 and it is directed that the appellant be
released on bail on furnishing a personal bond in the sum of Rs. 1,00,000/-
(Rupees One Lac Only) with one solvent surety in the like amount to the
satisfaction of the trial Court.
6. This order will remain operative subject to compliance of the
following conditions by the appellant:-
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i) The appellant will comply with all the terms and
conditions of the bond executed by her/him;
ii) The appellant will co-operate in the investigation/trial, as
the case may be;
iii) The appellant will not indulge herself/himself in
extending inducement, threat or promise to any person acquainted
with the facts of the case so as to dissuade him/her from
disclosing such facts to the Court or to the Police Officer, as the
case may be;
iv) The appellant will not commit any other offence or will
not repeat the offence in future. In case, if she/he is found
involving in the offence of the same nature, this bail order shall
stand cancelled automatically without further reference to the
Bench.
v) The appellant will not seek unnecessary adjournments
during the trial; and
vi) The appellant will not leave India without previous
permission of the trial Court/Investigating Officer, as the case may
be.
7. Copy of this order be sent to the trial Court concerned for
compliance, if possible, by the office of this Court.
C.C. per rules.
(RAJENDRA KUMAR VANI)
JUDGE
Ahmad
