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Madhya Pradesh High Court

Mohd. Shahid vs The State Of Madhya Pradesh on 7 April, 2021

Author: Shailendra Shukla

Bench: Shailendra Shukla

                                                          1                           MCRC-13268-2021
                                The High Court Of Madhya Pradesh
                                          MCRC-13268-2021

(MOHD. SHAHID Vs THE STATE OF MADHYA PRADESH AND OTHERS) 1 Indore, Dated : 07-04-2021 Shri Himanshu Thakur, learned counsel for the applicant. Ms. Ashi Vaidhya, learned Panel Lawyer for Non- applicant/State.

Heard.

This is 2nd bail application filed under Section 439 of Cr.P.C, for grant of bail. The applicant is being implicated in crime No.511 of 2020, registered at police station City Kotwali, district Mandsaur, for the offence punishable under Sections 328 and 376(2)(n) of IPC. He is in jail since 25.10.2020.

As per prosecution story, prosecutrix, who is a Teacher in a school was made to drink tea by the applicant, who is Principal of the School. The tea was laced with sedative and the prosecutrix lost her consciousness. Later on, applicant told her that he has taken nude photographs of prosecutrix and threatened her to expose the same and taking advantage of the situation thereafter on subsequent occasions, committed rape upon her.

The first bail application was rejected on 18.1.2021. As per prosecution story, the applicant had recorded obscene video of the prosecutrix and in his memorandum, he has stated that he has deleted the same. In this matter, learned counsel for the applicant has submitted the documents in the form of digital forensic report, which shows that there has been no deletion of any video, photo or chat from the mobile phone, which has been seized from the applicant.

2 MCRC-13268-2021 Learned counsel has also submitted that the prosecutrix cannot be traced now. He has filed order sheets of the concerned trial court, which is dated 23.2.2021 in which a bailable warrant of Rs.500/- has been issued against the prosecutrix and in the report, it has been stated that no such person resides. The letter report has been shown as well which is dated 25.3.2021 in which it has been mentioned that the prosecutrix used to reside at the given address on rent, but has now vacated the house. Learned counsel further submitted that the allegation of prosecutrix was that she was subjected to rape after ingesting some sedative substance to her. However, the prosecutrix has refused her bio-chemical examination and the document pertaining to the aforesaid refusal is also placed on record. Learned counsel has lastly submitted that the applicant has been in jail since 25.10.2020 and there is no possibility of progress in the near future.

Learned Panel Lawyer for the State was heard who has vehemently opposed the bail application submitting that barely because of the fact there is no evidence of any deletion from the mobile and other facts as pointed out by the learned counsel, it ought not to be considered passport for obtaining the bail and in view of the seriousness of the offences has opposed the bail application.

Considered.

In view of the submissions made and the documents pointed out by the learned counsel for the applicant, as also the factual situation of untraceability of the prosecutrix, and lastly the period of incarceration, case is made out for grant of bail. Without expressing any opinion on merits of the case, the bail application filed on behalf of the applicant is allowed and it is directed that upon applicant's Digitally signed by SHAILESH MAHADEV SUKHDEVE Date: 08/04/2021 11:28:13 3 MCRC-13268-2021 furnishing a personal bond to the tune of Rs.50,000/- with one solvent surety in the like amount to the satisfaction of the trial court, the applicant shall be released on bail, for his regular appearance before the concerned trial court on all the dates, as may be fixed in this behalf by the said Court, till the completion of trial and he shall also abide by the conditions enumerated under section 437(3) Cr.P.C.

A copy of this order be sent to the concerned trial court for its compliance.

C.c. as per rules.

(SHAILENDRA SHUKLA) JUDGE SS/-