Aarti Shakya vs The State Of Madhya Pradesh on 4 August, 2023

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Madhya Pradesh High Court

Aarti Shakya vs The State Of Madhya Pradesh on 4 August, 2023

Bench: Dinesh Kumar Paliwal

                                                           1
                          IN     THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
                                               ON THE 4 th OF AUGUST, 2023
                                        MISC. CRIMINAL CASE No. 31717 of 2023

                         BETWEEN:-
                         AARTI SHAKYA W/O RAMVIR SHAKYA, AGED ABOUT 28
                         YEAR S, DWARKA NAGAR GALI NO. 1 P.S KOTWALI
                         SEONI (MADHYA PRADESH)

                                                                                         .....APPLICANT
                         (BY SHRI VISHAL V.R.DANIEL - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               POLICE STATION MAHILA THANA DISTRICT
                               SEONI (MADHYA PRADESH)

                         2.    VICTIM A S/O NOT MENTION NOT MENTION
                               (MADHYA PRADESH)

                                                                                      .....RESPONDENTS
                         (BY SHRI PANKAJ TIWARI - PANEL LAWYER FOR RESPONDENT
                         NO.1/STATE)

                               This application coming on for admission this day, the court passed the

                         following:
                                                            ORDER

This is the first bail application filed by the applicant under Section 439 o f the Cr.P.C. for grant of regular bail relating to FIR No.32/2023 dated 20.6.2023, registered at Police Station - Mahila Thana District Seoni (M.P.) for commission of offence under Sections 376, 376(2)(n), 376(3), 313 of IPC and Section 5L,5(J)(ii) and 6 of POCSO Act, 2012. Applicant is in detention since 21.6.2023.

Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/4/2023 7:42:23 PM 2

2. A s per the prosecution story, Ramveer Shakya aged 38 years established physical relations with 12 years old girl and repeatedly committed raped/aggravated penetrative sexual assault upon her due to which she conceived pregnancy. It is alleged that in UPT Test the minor girl/victim was found pregnant. When Ramveer came to know that victim is pregnant, he brought some pills and his wife administered those tablets to the victim to cause miscarriage. F.I.R was registered. After investigation charge sheet has been filed.

3. Learned counsel for the applicant has submitted that applicant has not committed any offence. She is innocent. She has been falsely implicated.

Applicant is the wife of main accused Ramveer. Learned counsel by referring the MLC report of minor victim dated 26.6.2023 has submitted that minor victim in it has informed to Doctor that pills for abortion were administered to her by Ramveer. In it there is no mention about giving of the pills by the applicant/wife. It is further submitted that prosecutrix's mother in her 164 Cr.P.C statement has stated that Ramveer had administered pills for abortion and same was informed to her by daughter. It is further submitted that applicant is blessed with two children and out of them one is only 09 months old and both children are in jail with the applicant as there is no one at home to take care of the children. It is submitted that there are material discrepancies in the prosecution case as to who had administered pills to the prosecutrix for abortion. After investigation charge sheet has been filed. Therefore, it is prayed that applicant may be released on bail.

4. On the other hand, learned counsel for the State has opposed grant of bail and has submitted that the minor/victim in her statement under section 164 Signature Not Verified of Cr.P.C has stated that abortion pills were brought by Ramveer but it were Signed by: MANOJ KUMAR LALWANI Signing time: 8/4/2023 7:42:23 PM 3 administered to her by his wife. Therefore, he has prayed for rejection of the bail application.

5. In this case applicant is a woman with two little children. Having taken into consideration the prosecutrix statement; her version recorded in the MLC including statements of prosecutrix's mother and of Lav kush Khatabia recorded under section 164 Cr.P.C. but without expressing any opinion on the merits of the case, I am of the view that it is a case in which further pre trial detention of the applicant is not warranted. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant, stands allowed.

6. It is directed that applicant - Aarti Shakya released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for her regular appearance before the trial Court during trial with a condition that she shall remain present before the concerned Court on all the dates fixed by it during trial. She shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C.

7. This order shall be effective till the end of the trial. However, in case o f bail jump and breach of any of the conditions of bail, it shall become ineffective.

Certified copy as per rules.

(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 8/4/2023 7:42:23 PM

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