Madhya Pradesh High Court
Sakhi Bai vs The State Of Madhya Pradesh on 10 June, 2021
Author: Rajendra Kumar Srivastava
Bench: Rajendra Kumar Srivastava
1 MCRC-2462-2021
The High Court Of Madhya Pradesh
MCRC-2462-2021
(SAKHI BAI Vs THE STATE OF MADHYA PRADESH)
7
Jabalpur, Dated : 10-06-2021
Heard through Video Conferencing.
Shri B.K. Shukla, learned counsel for the applicant.
Shri Deepak Sahu, P.L. for the respondent/State.
Shri Amit Jain, learned counsel for the complainant. This is the third bail application under Section 439 of the Code of Criminal Procedure. Earlier two bail applications were dismissed as withdrawn vide orders dated 09.05.2019 & 23.07.2019.
Applicant is in custody since 04/02/2019 in connection with Crime No.30/2007 for offences under Sections 328, 342, 363, 366, 368, 372, 373, 376, 506 of the IPC .
As per prosecution story, on 06.03.2006, prosecutrix aged 17 years 3 months, was missing from her house, she was searched, but she was not found. FIR was lodged. Thereafter, prosecutrix was recovered from the possession of co-accused. It is alleged by prosecution that accused/applicant took some poisonous substance to the prosecutrix. Thereafter, prosecutrix became unconscious then present applicant/accused and co-accused Prakash, Sarjan and Lalram took her at Ashoknagar and kept her at the house of Brajendra Singh. Thereafter, Present applicant/accused and co-accused sold her to one co-accused/Santram and Santram committed intercourse with her. Thereafter, co-accused/Santram sold her to one co-accused Rajpal and Rajpal solemnized marriage with her.
Learned counsel for the applicant submit that the applicant is Signature Not Verified innocent and has been falsely implicated in this case. Applicant/accused SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.10 16:59:31 IST 2 MCRC-2462-2021 is a lady. She has no previous criminal antecedent. She did not actively participated in this incident. Actually, at the time of incident, prosecutrix was above 18 years. Prosecutrix and other co-accused/Rajpal loved each other. So she wanted to solemnize marriage with co-accused/Rajpal but parents of prosecutrix were not ready to accept their relation. So prosecutrix voluntarily solemnized marriage with co-accused-Rajpal. They were residing as husband and wife. They have been blessed with one child. Other co-accused/Prakash, Sarjan, and Rajpal has already been acquitted by the trial Court. Applicant/accused was not absconder but Charge-sheet has been filed against the applicant/accused as an absconder. So applicant/accused could not be appeared before the trial Court. Thereafter, she arrested on 04.02.2019. Applicant/accused is in custody since 04.02.2019. Charge-sheet has been filed. It is the time of COVID-19 Pandemic, so trial will take time for is final disposal. There is no likelihood of her absconding or tampering with the evidence. In such circumstances, prayer is made to release the applicants on bail.
Learned Panel Lawyer for the respondent/State submits that applicant/accused was absconded, therefore, she is not entitled for grant bail.
Learned counsel for the complainant submits that applicant/accused actively participated in this incident, therefore, he is not entitled for grant bail.
Considering the contention of both the parties and the facts that other co-accused/ Prakash, Sarjan, Rajpal has already been acquitted by the trial Court, prosecutrix herself admitted before the trial Court that she already solemnized the marriage with co-accused/Rajpal, she was residing as his wife, so it is clear that prosecutrix has been died at Rajasthan, so it appears that prosecutrix has already been solemnized Signature Not Verified SAN marriage with co-accused/Rajpal, applicant/accused is a lady, she has no Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.10 16:59:31 IST 3 MCRC-2462-2021 previous criminal antecedent, applicant/accused is in custody since 04.02.2019, charge-sheet has been filed, it is the time of COVID-19 Pandemic, so trial will take time for is final disposal, there is no probability of her absconding or tampering with the prosecution evidence, so, it would not be appropriate to keep the applicant in jail whole the trial, therefore without commenting on merits of the case, application of the applicant under Section 439 of the Cr.P.C. seems to be acceptable. Consequently, it is hereby allowed.
It is directed that applicant-Sakhi Bai be released on bail on her furnishing bail bond in the sum of Rs. 1,00,000/-(Rupees One Lac Only) with two solvent sureties of Rs. 50,000/- each to the satisfaction of the concerned trial Court for his appearance before the trial Court on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by her;
2. The applicant will cooperate in the trial;
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officers;
4. The applicant shall not commit any offence similar to the offence of which she is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the Court.
In view of the outbreak of 'Corona Virus disease (COVID-19)' the Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.10 16:59:31 IST 4 MCRC-2462-2021 applicant shall also comply with the rules and norms of social distancing. Further, in view of the order passed by the Hon'ble Supreme Court in suo moto W.P.No.1/2020, it would be appropriate to issue the following direction to the jail authority:-
1. The Jail Authority shall ensure the medical examination of the applicant by the jail doctor before her release.
2 . The applicant shall not be released if she is suffering from 'Corona Virus disease'. For this purpose appropriate tests will be carried out.
3 . If it is found that the applicant is suffering from 'Corona Virus disease', necessary steps will be taken by the concerned authority by placing her in appropriate quarantine facility.
State is directed to inform the victim about this order and also to provide a copy of this order to the victim.
Certified copy as per rules.
M.Cr.C. is disposed of.
(RAJENDRA KUMAR SRIVASTAVA) JUDGE R Signature Not Verified SAN Digitally signed by ROSHNI SINGH PATEL Date: 2021.06.10 16:59:31 IST