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Madhya Pradesh High Court

Ashok Kumar Laria (Panika) vs The State Of Madhya Pradesh on 5 October, 2018

                                            The High Court Of Madhya Pradesh

                                                     MCRC-38568-2018
                                    (ASHOK KUMAR LARIA (PANIKA) Vs THE STATE OF MADHYA PRADESH)

                                                                 1

                               Jabalpur, dated: 05.10.2018

                                     Shri Rashidh Suhail Siddique, learned counsel for the
                               applicant.
                                     Shri B.S. Kushwaha, learned Panel Lawyer for the
                               respondent/State.

Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant in Crime No.504/2018 registered by Police Station Budhar, District Shahdol under Sections 354, 354A-1 and 506 of the Indian Penal Code.

The case of the prosecution is that, on 28.08.2018 the prosecutrix along with her husband and son, aged about 5 years had visited the house of applicant for exorcism (jhad-phoonk), situated behind the Sohagpur Court. After performing exorcism, the husband of the prosecutrix requested the applicant to drop his wife and son back in their house at Katti Mohalla, Budhar as he had to go to Bilaspur for purchasing vegetables. At about 09:00 pm, when the applicant along with the prosecutrix and her son reached near a tree at Lalpur Mazar, under the jurisdiction of Police Station Budhar, District Shahdol, he stopped the motorcycle and started to outrage the modesty of the prosecutrix by squeezing her breast. The prosecutrix has objected the act by admonishing the applicant that she will narrate the incident to her husband. Hearing this, applicant has threatened the prosecutrix to her life and later on dropped the prosecutrix and her son at Katti Mohalla, Budhar. When the husband of the prosecutrix came back to his house, the prosecutrix along with her husband lodged an FIR against the applicant.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been Digitally signed by TAJAMMUL HUSSAIN KHAN Date: 09/10/2018 04:18:14 The High Court Of Madhya Pradesh MCRC-38568-2018 (ASHOK KUMAR LARIA (PANIKA) Vs THE STATE OF MADHYA PRADESH) 2 implicated in this case on the instigation and provocation of one Bharat Baiga, who is very close to the prosecutrix and her husband. He is also working in Collectorate and as such he is very influential person. It is further submitted that on 30.06.2018 Bharat Baiga has entered the house of the applicant in his absence and tried to outrage the modesty of his wife. The wife of the applicant lodged a written report at Police Station Kotwali, Shahdol, on that basis a Crime No.458/2018 for the offence punishable under Section 452, 354, 376 and 506 of IPC has been registered against Bharat Baiga. Bharat Baiga intimidated the applicant to compromise the matter. On the provocation of Bharat Baiga and to pose undue pressure, the prosecutrix and her husband roped the applicant in this crime. It is also submitted that the applicant is permanent resident of the address described in the application. He is ready and willing to furnish sufficient surety as imposed upon him. In view of the aforesaid, a prayer has been made to enlarge the applicant on anticipatory bail.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the application.

On perusal of the case diary and on going through the documents filed by the applicant along with the application there seems to be an old rivalry between the applicant and Bharat Baiga. The prosecutrix has made allegation of outraging her modesty against the applicant despite the fact that she was in the company of applicant with the consent of her husband and after the alleged incident too, she was dropped by the applicant to her house at Katti Mohalla, Budhar.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicant, in the opinion of this Court, applicant deserves the benefit of anticipatory bail.

The High Court Of Madhya Pradesh MCRC-38568-2018 (ASHOK KUMAR LARIA (PANIKA) Vs THE STATE OF MADHYA PRADESH) 3 Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicant Ashok Kumar Laria (Panika), is allowed.

It is directed that in the event of his arrest, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

(Mohd. Fahim Anwar) Judge taj.