Madhya Pradesh High Court
Bunty @ Mithun vs The State Of Madhya Pradesh on 17 December, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
NEUTRAL CITATION NO. 2024:MPHC-IND:36144
1 CRA-11515-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 17 th OF DECEMBER, 2024
CRIMINAL APPEAL No. 11515 of 2024
BUNTY @ MITHUN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Deepak Kumar Rawal - Advocate for the appellant.
Mr. Hemant Sharma - Government Advocate for respondent/State.
WITH
CRIMINAL APPEAL No. 11514 of 2024
KAMLESH PRAJAPAT
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Mr. Dharmendra Chelawat - Advocate for the appellant.
Mr. Hemant Sharma - Government Advocate for respondent/State.
CRIMINAL APPEAL No. 11537 of 2024
MITHUN
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Ms. Sonali Rajoria - Advocate for the appellant.
Mr. Hemant Sharma - Government Advocate for respondent/State.
ORDER
Signature Not Verified
Signed by: BHUNESHWAR
DATT
Signing time: 17-12-2024
17:34:35
NEUTRAL CITATION NO. 2024:MPHC-IND:36144 2 CRA-11515-2024 None for the prosecutrix, though duly served.
Heard with the aid of case diary.
2 These are the third bail applications (criminal appeals) for grant of bail on behalf of appellants Bunty and Mithun. First and second bail applications of appellant Bunty were dismissed on merit vide orders dated 14.12.2023 and 14.5.2024 passed in Cri.A. Nos. 14846/2023 and 4384/2024; first criminal appeal for grant of bail on behalf of appellant Mithun was dismissed as withdrawn vide order dated 5.2.2024 passed in Cri.A. No. 433/2024, his second criminal appeal for grant of bail was dismissed on merit vide order dated 14.5.2024 passed in Cri.A. No. 4384/2024; the first bail application filed on behalf of appellant Kamlesh was dismissed as withdrawn vide order dated 24.11.2023 passed in M.Cr.C. No. 43145/2023, his second and third bail applications (criminal appeals) were dismissed on merit vide orders dated 14.12.2023 and 11.3.2024 passed in Cri.A. Nos. 15147/2023 and 2706/2024.
These criminal appeals filed under Section 14-A (2) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "SC/ST Act") against the orders dated 25.9.2024 & 3.10.2024 passed by the Special Judge, SC/ST Act, Indore, whereby the application filed by the appellants under Section 439 of Cr.P.C. has been dismissed in connection with FIR/Crime No.336/2023 dated (not mentioned) registered at Police Station - Tejaji Nagar, District - Indore for commission of offence punishable under Sections 363, 366, 370, 420, 467, 468, 471 and 34 of the IPC alongwith Sections 3(2)(v) and 3(2)(va) of the SC/ST Act.
2. Prosecution story, in brief is that at the time of the incident, the prosecutrix was aged around 16 years and 08 months. She belongs to Scheduled Castes community. There was friendship between the prosecutrix and co-accused Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 17-12-2024 17:34:35 NEUTRAL CITATION NO. 2024:MPHC-IND:36144 3 CRA-11515-2024 Payal. On 31.05.2023, Payal took the prosecutrix alongwith her with the consent of her father to visit different places and told him that they will return by evening. Thereafter, co-accused persons Payal, her mother Rekha Solanki, her brother appellant Mithun Dodawe and appellant Banti @ Mithun and others in furtherance of their common intention got the prosecutrix married to appellant Kamlesh in exchange for a sum of Rs.2,00,000/-. The accused persons got the marriage notarized by forging affidavit by making fake signatures, using counterfeited notary seal and changing the name of the prosecutrix. Thereafter, the accused persons left the prosecutrix with appellant Kamlesh and other accused persons had left from there. The police had recovered the prosecutrix on 16.07.2023 from Banbana Phata, Nagda, District Ujjain.
3. Learned counsel for the appellants/accused persons submit that the appellants have not committed the offence and they have falsely been implicated in the case. It is submitted that after dismissal of earlier bail applications, prosecutrix (PW-1) and her father (PW-2) have been examined before the trial court but they have not supported the case of prosecution and turned hostile. It is further submitted that appellants Bunty is in custody since 3.10.2023, Mithun is in custody since 13.9.2023 and Kamlesh is in custody since 19.7.2023, respectively. Trial will take considerable long time for its disposal, therefore, it is prayed that in the changed circumstances, the appellants be released on bail.
4. On the other hand, learned counsel for the non-appellant/State opposed the prayer of the appellants and prays for its rejection.
5. Heard learned counsel for the parties and perused the record.
6. Considering the facts and circumstances of the case and the arguments advanced by learned counsel for the parties, but without expressing any opinion Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 17-12-2024 17:34:35 NEUTRAL CITATION NO. 2024:MPHC-IND:36144 4 CRA-11515-2024 on the merits of the case, I am of the view that the criminal appeals filed by the appellants may be accepted. Consequently, setting aside the impugned orders, the appeals are hereby allowed.
7. It is directed that the appellants- Bunty @ Mithun son of Harigiri Goswami, Kamlesh Prajapt son of Ramlal Prajapat and Mithun son of Mangal Singh Dodwe shall be released on bail upon execution of personal bond in the sum of Rs.50,000 (Rupees Fifty Thousand only) each with separate solvent surety in the like amount to the satisfaction of the learned trial Court for their regular presence during trial and shall also abide by the conditions enumerated under Section 437 (3) of Cr.P.C.
8. This order shall be effective till the end of the trial, however, in case of bail jump, it shall become ineffective.
9. Accordingly, all criminal appeals stand disposed off.
C. C. as per rules.
(PRAKASH CHANDRA GUPTA) JUDGE BDJ Signature Not Verified Signed by: BHUNESHWAR DATT Signing time: 17-12-2024 17:34:35