Smt. Usha @ Suman @ Sapna Vishwakarma vs The State Of Madhya Pradesh on 3 July, 2023

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Madhya Pradesh High Court

Smt. Usha @ Suman @ Sapna Vishwakarma vs The State Of Madhya Pradesh on 3 July, 2023

Bench: Dinesh Kumar Paliwal

                                                           1
                              IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                                ON THE 3 rd OF JULY, 2023
                                       MISC. CRIMINAL CASE No. 20229 of 2023

                         BETWEEN:-
                         SMT. USHA @ SUMAN @ SAPNA VISHWAKARMA W/O
                         SHRI RAJKUMAR VISHWAKARMA, AGED ABOUT 39
                         YEARS, OCCUPATION: HOUSEWIFE R/O THOTAMAAL,
                         POST PAATRI P.S.BICHUA, DISTRICT- CHHINDWARA
                         (M.P.) AT PRESENT R/O NEAR OF MAHARASHTRA
                         BANK     SAGAR    ROAD,   DISTRICT-CHHATARPUR
                         (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI B. J. CHOURASIYA-ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH P.S.
                               CIVIL LINES DISTRICT-CHHATARPUR (MADHYA
                               PRADESH)

                         2.    VICTIM X THROUGH P.S. CIVIL LINES, DISTRICT
                               CHHATARPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (BY SHRI N. S. SOLANKI-PANEL LAWYER)

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

This is first bail application filed by the applicant under Section 439 of t h e Cr.P.C. for grant of regular bail relating to FIR No.33/2023 dated 12.01.2023 at Police Station Civil Lines District Chhatarpur (M.P.) for commission of offence under Sections 363, 343, 344,376DA, 506, 120B, 201 of IPC and Section 5g/6 of POCSO Act, 2012. She is in detention since Signature Not Verified Signed by: BIJU BABY Signing time: 7/3/2023 7:08:23 PM 2 27.01.2023.

2. As per the prosecution story, on 11.01.2023, 13 year old prosecutrix submitted an application in writing before police Civil Line alleging that 7-8 months ago she met Sohit Dwivedi. Sohit Dwivedi, on the pretext of providing new clothes, took her in his rented house at MPEB Colony Satai Road, and committed rape upon her. He kept her as hostage for a period of 25-26 days. In this period, he repeatedly committed rape upon her. He use to force her to consume liquor and also use to threat her. It is alleged that applicant Usha @ Suman @ Sapna Vishwakarma had come to meet Sohit and they both took her to Royal Hotel and there Neeraj Tiwari took her in a room situated at upper story. Usha bolted the room from outside and Sohit and Neeraj committed rape upon her and that time, Usha was present outside the room. FIR was registered.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. She is innocent. She has been falsely implicated. There is no allegation against the applicant of committing rape/aggravated penetrative sexual assault upon the prosecutrix. It is submitted that prosecutrix is a married lady. She is in habit of disclosing different dates of her birth. It is submitted that she in her agreement executed with R. S. Dwivedi has shown herself as adult, while in Educational certificate her date of birth is shown as 15.01.2010. Prosecutrix is a fraud lady. Applicant has no criminal background. She is in detention for last 5-6 months. Therefore, it is prayed that applicant be released on bail.

4. O n the other hand, learned counsel for the State has opposed the prayer for grant of bail.

5. In this case, there is no allegation against the present applicant about committing rape/aggravated penetrative sexual assault upon the prosecutrix.

Signature Not Verified Signed by: BIJU BABY Signing time: 7/3/2023 7:08:23 PM 3

Therefore, having taken into consideration the totality of allegations against the present applicant, but without expressing any opinion on merits of the matter, I am of the view that it is a case in which applicant/accused may be released on bail. Consequently, this first bail application under Section 439 of the Cr.P.C. filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Usha @ Suman @ Sapna Vishwakarma be released on bail on her furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for her regular appearance before the trial Court during trial with a condition that she shall remain present before the concerned Court on all the dates fixed by it during trial. She shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE b Signature Not Verified Signed by: BIJU BABY Signing time: 7/3/2023 7:08:23 PM

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