Madhya Pradesh High Court
Mahendra @ Gaurav Rajput vs The State Of Madhya Pradesh on 7 September, 2020
Author: Vivek Rusia
Bench: Vivek Rusia
-1- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020
HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
CRA NO.4221/2020
Mohan s/o Kakhduji Paidar vs. State of M.P
CRA NO.4190/2020
Gulwanti @ Manisha w/o Chandan Singh vs. State of M.P
CRA NO.4223/2020
Mahendra @ Gaurav Rajput s/o Bhagwan Singh Rajput
vs.
State of M.P
07.09.2020: (INDORE):
Shri Siddharth Sharma and Shri Akash Rathi, learned
counsel for the applicant in CRA No.4221/2020.
Shri Harshwardhan Pathak, learned counsel for the
applicant in CRA No.4190/2020.
Shri Ajay Bagadiya and Shri Siddharth Sharma,
learned counsel for the applicant in CRA No.4223/2020.
Shri Pradyumna Kibe, learned Panel Advocate for the
respondent/State.
Heard learned counsel for the parties through video conferencing.
These are appeals (first) filed under section 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as "the SC/ST Act'') seeking bail in connection with Crime No.275/2020 registered at police station Kasrawad, Mandleshwar, district Khargone for the offence punishable under sections 366, 343, 506, 34 of the IPC and under section 3(2) (va) of the SC/ST Act.
-2- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020 As per the Final Report ( Chalan ) filed by the prosecution, on 25/05/2020, complainant Santosh Akole lodged a missing person report in the PS Kasrawad to the effect that he and other family members woke up in the morning and did not find his daughter in the house, they searched her in the nearby places but failed. Later on, he found a handwritten letter on the bed of the daughter which confirmed that she has left the house. Based on the above information, a missing person report was registered in the police station. That on 08/06/2020 prosecutrix was recovered and as per her version narrated by her in two statements recorded under section 161 of the Cr.P.C. it was revealed that she is pursuing B.Sc. (Computer Course) IInd year from Pragyan Scholar Academy College, Kasrawad and she had an inclination in Pujapath and spirituality and thus she used to visit lord Shiv Temple situated in the same locality.
That on 15/05/2020 she went temple and sat with Pandit i.e. (the appellant Mohan in Cr. A. 4221/2020) for worship, who told her many things about spiritual like that not everyone receives this much knowledge to go in the third phase of spirituality. Pandit chanted some Mantra again and again and stated that she has to sacrifice her family, father, and mother to reach the fifth stage of spirituality. Thereafter she again visited the temple on 17/05/2020 at around 07:45 with four plants. That on 25/05/2020, she drank water from the bottle and sat down below the tree in the Temple compound. She has further disclosed that Pandit came from inside the temple with tea and told her to drink, Pandit gave
-3- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020 her Rs.50/- and asked to go towards Khargone but she was feeling drowsiness after taking tea.
She has further revealed that she left the place and started walking and on way, she found one Dhaba where she drank water from a bottle Thereafter the Dhaba owner i.e the appellant Mahendra ( the appellant in Cr. A. 4223/2020) Rajput asked her to go to the toilet and change the clothes and meanwhile he called one Mangat Kaka (Co-accused) and asked him to take prosecutrix from here. It is further alleged that Mangat Kaka forcibly took her on a motorcycle to village Gopalpura at his house, where she was kept from 25/05/2020 to 01/06/2020. In the said house, the wife and son of the Mangat Kaka were also there . It is the case of the prosecution that one Gulwanti @ Manisha ( the appellant in Cr. A. 4190/2020) used to keep eye on her in the house. That the prosecutrix was forced to do the prostitution activities but she did not agree to do. She was given Tea with some sedative substance due to which she used to sleep most of the time. She tried to call her brother but foud his mobile witched of, then on 30/05/2020 she called Narendra her collegemate and informed him about her illegal confinement by the Mangat and his family who in turn informed the family of the prosecutrix and thereafter she was rescued on 01/06/2020 by her father and brother without the help of police . Upon such disclosure of commission of offence and allegations, the instant FIR came to be registered against the appellants. According to the prosecutrix she was not subjected to sexual harassment hence she effused for her internal medical examination.
-4- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020 That learned counsel appearing for the appellant Mohan, (the Pandit) submits that he has been falsely implicated in the case as he never convinced the prosecutrix to leave her house for spiritual purpose. He has no connection with Dhaba Owner Mahendra , Managat Kaka, and Manisha . The prosecutrix left the temple and thereafter he was not aware of her whereabouts. Like other villagers and devotees, she used to visit the temple for worship. Apart from other the charge of kidnapping is not made out against him.
Learned counsel appearing for the appellant Mahendra submits that he has not been named neither in the FIR nor in the statements of the prosecutrix recorded under sections 161 and 164 Cr.P.C. There is no seizure from him. No Test Identification was done by the police. The Police have not collected records from the Mobile company in regard to the call made by the appellant to Mangat Kaka. There is a delay in lodging the FIR. Apart from other the charge of kidnapping is not made out against him.
That learned counsel appearing for the Manisha submits that she has unnecessary been made accused in this case, she has not committed any crime especially under section 343,363 and 506 of the IPC. That prosecutrix was carrying her mobile all the time she could have called her parents if she was confined in the house illegally. Ther is no allegation of sexual assault with her. No such prostitution activities were found in the house where she was said to have been kept. Mangat Kaka was living with his family in
-5- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020 the said house therefore allegation of prostitution in the said house is unimaginable .
Learned counsels appearing for the parties jointly submit that prosecutrix left her house form her own by leaving a letter. In the said letter she did not make any allegation against any accused. The investigation is over and the final report has been filed, no further custodial interrogation is needed in the matter. There is no criminal past of the appellants. Trial has not begun so far and due to Covid-19 there is no possibility of starting it soon, hence the appellants may kindly be released on bail.
Learned public prosecutor opposes the bail application by submitting that all the appellants have been found indulging in immoral activities. The prosecution has collected enough material against them to convict them. If they are released on bail they may influence the witnesses and pressurize the prosecutrix, hence the appeals be dismissed.
I have heard the learned counsel appearing for the parties and perused the Final report.
That after completing the investigation the police have filed the Charge Sheet against (i) Mangat Patidar (ii) Rukmani @ Radha Patidar (iii) Jitendra Yadav (iv) Gulwati @ Manisha (iv) Mahendra @ Gourav (v) Mohan Patidar for the offence punishable under sections 366,343,347,506,34 of the IPC, section 3(2)(va) of SC/ST Act, section 5(1)(d) of the Immoral Traffic (Prevention) Act, 1956 read with section 146,196,139,192,3,181 of Motor Vehicle Act,1988 .
-6- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020 The police have recorded the statement of the prosecutrix on 8.6.2020 and 10.6.2020 and thereafter statement under section 164 of IPC on 16.8.2020 whereas she was recovered on 1.6.2020. On 25.5.2020 she left the house by leaving the letter for her parents. In the letter, she did make any allegation against any of the appellants. According to her, she used to visit the Shiv temple for worship. After leaving the house she went to Temple where Appellant Mohan gave 50/- and a cup of tea thereafter she left the village. There is is no allegation against the appellant Mohan about her abduction and after leaving the temple by the prosecutrix, there is no allegation about the commission of any offence by him, hence without commenting on merit he is entitled for bail.
So far the appellant Mahendra, the Dhaba owner is concerned the prosecutrix herself reached to his Dhaba by waking, who made her sit and offered water, tea and washroom for refreshment. Hence, he had no role in abducting her. As per the allegation, he called Mangat and told the prosecutrix to go with him. There is no TI of Mahendra and his call details have not be obtained by the police, hence he is also entitled to bail.
So far Manisha is concerned, she was there in the house of Mangat Kaka to keep eye on the prosecutrix. She allegedly forced the prosecutrix for prostitution, but as per the version of the prosecutrix, there was no sexual assault on her during her stay in the said house. She was having her mobile and she could have called her parents, hence she is also entitled to bail.
-7- CRA No.4221/2020, CRA No.4190/2020 & CRA No.4223/2020 In view of the above, without commenting on the merit of the case, the appeals are allowed. The appellants are directed to be released on bail on each of them furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the trial Court for their regular appearance before the trial Court during trial with a condition that they shall remain present before the Court concerned during trial and shall also abide by the conditions enumerated under section 437(3) Cr.P.C.
Before releasing the appellants from the custody the jail authorities are directed to medically examine them in order to rule out the possibility of COVID -19 infections and shall comply with the direction given by the Hon'ble Apex Court in Writ Petition No. 1/2020.
C.c as per rules.
(VIVEK RUSIA)
hk/ JUDGE
Digitally signed by Hari Kumar
Nair
Date: 2020.09.09 17:23:55 +05'30'