Madhya Pradesh High Court
Shakshi Saxena vs The State Of Madhya Pradesh on 1 September, 2022
Author: Gurpal Singh Ahluwalia
Bench: Gurpal Singh Ahluwalia
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 01ST OF SEPTEMBER, 2022
MISCELLANEOUS CRIMINAL CASE No. 41349 OF 2022
Between:-
SAKSHI SAXENA D/O SHRI
RAJESH SAXENA, AGE 32 YEARS,
R/O HOUSE NO. 397, DEEPTIGANJ,
ASHIN, MURADABAD
........APPLICANT
(BY SHRI B.K. SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH
THROUGH POLICE STATION
KOTWALI DISTRICT SHIVPURI
(MADHYA PRADESH)
........RESPONDENT
(BY SHRI A.K. NIRANKARI - PUBLIC PROSECUTOR)
----------------------------------------------------------------------------------------
This application coming on for hearing this day, the Court passed
the following:
ORDER
Case Diary is available.
2This fourth application under Section 439 of Cr.P.C. has been filed for grant of bail.
The applicant has been arrested on 05.10.2021 in connection with Crime No.506/2021 registered at Police Station Kotwali District Shivpuri for offence under Sections 22, 23, 18(10) of Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, under Sections 420, 389, 419, 467, 468, 471, 120(B) of IPC, Section 24 of Ayurvigyan Adhiniyam and under Section 66 of the I.T. Act.
It is submitted by the counsel for the applicant that her previous bail application was rejected by order dated 16.08.2022 passed in M.Cr.C. No.38632/2022 with liberty to revive the prayer after the receipt of FSL report. Now the FSL report of mobile phones seized from the possession of the applicant has been received.
Per contra, the application is vehemently opposed by the counsel for the State. It is submitted that it is clear from the Digital Forensic Examination Memo that mobile seized from the applicant was found to be locked and the experts could not unlock it and, therefore, data could not be extracted.
Considering the allegations that the applicant was also involved in the team of persons who initially carried out sting operation and thereafter they started blackmailing the owner of the hospital, coupled with the fact that the applicant is the resident of Muradabad and she was staying in a hotel at Jhansi along with the co-accused persons and no data could be extracted from the mobile phones of the applicant due to pin lock, therefore, this Court is of the considered opinion that no case is made out for taking a contrary view in the matter.
Accordingly, the application fails and is hereby dismissed. However, 3 liberty is granted to the applicant that voluntarily she can disclose the pin lock so that the data can be extracted.
(G.S. AHLUWALIA) JUDGE Abhi Digitally signed by ABHISHEK CHATURVEDI Date: 2022.09.01 18:34:40 +05'30'