Madhya Pradesh High Court
Xx Prosicutrix Of Crime No 652/2019 vs The State Of Madhya Pradesh on 11 February, 2022
Author: Anand Pathak
Bench: Anand Pathak
1
The High Court Of Madhya Pradesh
MCRC No. 39197 of 2021
(XX PROSICUTRIX OF CRIME NO 652/2019 Vs THE STATE OF MADHYA PRADESH AND OTHERS)
Gwalior, Dated : 11-02-2022
Heard through Video Conferencing.
Shri H.K. Shukla, learned counsel for the applicant/complainant.
Shri B.P.S. Chauhan, learned Public Prosecutor for the respondent/State.
Shri G.S. Sharma, learned counsel for respondent No.2accused. The instant application has been preferred under Section 439 (2) of Cr.P.C. at the instance of applicant/prosecutrix seeking cancellation of bail of respondent No.2/accused who was granted bail vide order dated 28.02.2020 passed in MCRC.No.8666/2020.
At the outset learned of counsel for the applicant as well as respondent No.1/State refers the report prepared by Cyber Forensic Lab, Bhopal regarding mobile-phones of applicant/complainant/prosecutrix and respondent No.2/accused and fairly submit that photographs which were alleged to be sent by accused to the complainant were not from the mobile of accused prima facie. However, counsel for the applicant contends that respondent/accused is causing intimidation and threat to the prosecutrix time and again to change her version in the Court so that the changed version may protect the accused.
Learned counsel for the respondent/accused at this stage fairly submits that he is ready to abide by the terms and conditions as imposed by this Court and he is ready to appear before the concerned Police Station regularly as directed by this Court instead of keeping him in confinement again because in his absence his family would find hard to make both the ends meet. It is further undertaken by the accused that he shall not move in the vicinity of prosecutrix and shall not try to contact her in person or through electronic media or something else. He prayed for dismissal of application but undertakes not to tamper with Administration of Justice in any manner.
Heard the counsel for the parties and perused the record appended thereto. Considering the submissions of rival parties and the undertaking given by the counsel for the accused, it is imperative that accused may not tamper with the 2 Administration of Justice in any manner and extend threat or intimidation to the prosecutrix or prosecution witnesses which amounts to tinkering with the Administration of Justice and Rule of Law and same cannot be accepted in any manner. Since undertaking has been given by the counsel for the accused that respondent No.2 shall not move in the vicinity or in the area where prosecutrix resides and in case, respondent No.2/accused visits in the vicinity of prosecutrix or in the area, then prosecutrix shall immediately take photographs and / or to make video of presence of respondent No.2 through her mobile so that through Metadata, authenticity/veracity of allegations of prosecutrix shall be verified and appropriate action against the respondent No.2/accused shall be ensured. Therefore, at this juncture, it appears that instant application be disposed of with the direction as under:-
1 . That, respondent No.2 shall not move in the vicinity of prosecutrix and shall not visit in the area where prosecutrix resides.
2 . That, respondent No.2 shall mark his presence before the concerned Police Station on every Monday and Thursday between 10.30 am to 2.30 pm regularly without fail till conclusion of trial. 3 . That, respondent No.2 shall not cause any embarrassment or harassment to the prosecutrix and her family members otherwise his benefit of bail shall be withdrawn.
4 . That, respondent No.2 shall not try to contact the prosecutrix o r through any electronic media or some other person and he shall abide by the terms and conditions as imposed by this Court as well as trial Court.
It is the duty of Officer of Police Station, City Kotwali that they shall take prompt action if any complaint received at the instance of prosecutrix about her harassment/intimidation.
It is expected from the trial Court that trial shall proceed at expeditious note so that deposition of prosecution witnesses including prosecutrix can be held at the earliest Application for cancellation of bail stands disposed of in above terms.
3(ANAND PATHAK) JUDGE Ashish* ASHIS Digitally signed by ASHISH CHAURASIA DN: c=IN, o=HIGH COURT OF MADHYA H PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=bf81a9adb1da24e4bc7b519515 4c3d4de08c6bb9303e52e2e7e728d9bac CHAUR 85bd3, pseudonym=CA2EA6EDDF504F8F9C279 0FA9A0FD201D0242B64, serialNumber=A926F3CBF979ECA6A4C4 77577EEDBA3AB4F94593A930B98DAE1B 0AD16F90B5FD, cn=ASHISH CHAURASIA ASIA Date: 2022.02.11 18:53:13 +05'30'