Madhya Pradesh High Court
Shri Ramashram vs The State Of Madhya Pradesh on 16 March, 2022
Author: Subodh Abhyankar
Bench: Subodh Abhyankar
1 MCRC No.11437/2022
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
Miscellaneous Criminal Case No.11437/2022
(Shri Ramashram s/o Late Devashram
Versus
The State of Madhya Pradesh)
Indore, Dated 16.03.2022
Shri Ashok S. Garg, learned Senior Counsel along with Shri Atul
Chanchodiya, learned counsel for the applicant.
Shri Mukesh Kumawat, learned Government Advocate for the
respondent / State of Madhya Pradesh.
They are heard. Perused the case diary / challan papers. This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.57/2022 registered at Police Station Jeerapur, District Rajgarh (MP) for offence punishable under Sections 342, 354 and 509 of Indian Penal Code, 1860 and also Section 7 read with Section 8 and Section 11 read with Section 12 of the Protection of Children from Sexual Offence Act, 2012.
The allegation against the applicant is that of outraging the modesty of a girl aged around 16 years.
Learned Senior Counsel appearing for the applicant has submitted that the applicant has been falsely implicated by the victim / prosecutrix in a conspiracy hatched by the adversaries of the applicant, as the applicant is running an Ashram in which every year girls are married without any expenses and the said Ashram also has property worth crores of rupees. It is submitted that the applicant is an old man aged 71 years, he is suffering 2 MCRC No.11437/2022 from paralysis and also an old age related diseases.
It is further submitted that Video Clip which is said to have been taken by the prosecutrix herself, is prepared by some third party, who was present on the spot and this clip was kept in the possession of such person
(s) for a period of more than two months and thus its tampering cannot be ruled out.
Senior Counsel has further submitted that the applicant is ready to cooperate with the Investigating Officer of the case and would abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that the applicant be released on anticipatory bail.
Counsel for the respondent / State, on the other hand, has opposed the prayer.
Counsel has drawn the attention of this Court to the statement of the victim / prosecutrix around 16 years old, u/s.164 of Cr.P.C. wherein she has clearly stated that the applicant had earlier asked her for physical relationship, however, she ignored him and also informed her grandmother about it, who did not believe what the victim / prosecutrix was saying and hence, in the month of December, 2021, the victim / prosecutrix took her mobile phone to the Jatashankar Mandir where the applicant took her to his room and also kissed her and she made a Video Clip of the same also, which has been seized by the Police and has also been shown to this Court.
On due consideration of the rival submissions, and on perusal of the case diary as also the video clip shown to this Court, this Court is not 3 MCRC No.11437/2022 inclined to accept the contentions, as advanced by Shri Ashok S. Garg, learned Senior Counsel and finds that the applicant's actions are also recorded in the video clip which are unbecoming of a Sadhu who has renounced the world and is working for society only.
In view of the same, this Court is of the considered opinion that the custodial interrogation of the applicant would be necessary.
The concerned Investigating officer is also directed to inquire if there are any other girls also who have fallen victim to the applicant's molestation.
Accordingly, Miscellaneous Criminal Case No.11437/2022 being devoid of merits is hereby dismissed.
(Subodh Abhyankar) Judge Pithawe RC RAMESH CHANDRA PITHWE 2022.03.21 18:46:33 +05'30'