Batakh Shree Sharma vs The State Of Madhya Pradesh on 23 August, 2022

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Madhya Pradesh High Court

Batakh Shree Sharma vs The State Of Madhya Pradesh on 23 August, 2022

Bench: Sunita Yadav

                                 1

          IN THE HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR

                                  BEFORE
                     HON'BLE SMT. JUSTICE SUNITA YADAV
                         ON THE 23rd OF AUGUST, 2022


             MISC. CRIMINAL CASE No. 39848 of 2022

        Between:-
        BATAKH SHREE SHARMA W/O JAGDEESH
        SHARMA, AGED ABOUT 60 YEARS,
        OCCUPATION: HOUSEWIFE HARIHAR KA
        PURA (KURETHA) P.S. NAGRA (MADHYA
        PRADESH)

                                                         .....APPLICANT
        (BY SHRI ANAND PUROHIT- ADVOCATE)

        AND

        THE STATE OF MADHYA PRADESH
        INCHARGE POLICE STATION PS PABAI
        (MADHYA PRADESH)

                                                       .....RESPONDENT
        (BY SHRI N.K. GUPTA- PUBLIC PROSECUTOR)
        (BY SHRI D.P.SINGH- ADVOCATE FOR COMPLAINANT)

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

the following:
                                  ORDER

This is first application under Section 438 of CrPC for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.55 of 2022 registered at Police Station Pawai, District Bhind (M.P.) for offences punishable under Sections 363 of IPC added Sections 366, 306- 2 A, 376 of IPC and Section 3/4 of POCSO Act.

Allegations against the present applicant is that she forced the victim/prosecutrix who is aged about 17 years to sign some papers in relation to her marriage with co-accused Sunil.

Learned counsel for the applicant argued that the applicant is innocent and has been falsely implicated. It is further argued that the there are material conditions and omissions in the statement of victim u/Ss.161 and 164 of Cr.P.C. which were recorded two times, firstly, on 14/06/2022 and secondly on 21/06/2022. It is further argued that the victim in her statement recorded before the Magistrate has not supported the case of the prosecution, however, later on 21/06/2022, under the pressure of her parents she got recorded again her statement in which she implicated the present applicant/accused. The applicant is a old woman aged about 60 years with no criminal history. The applicant is permanent resident of Harihar Ka Pura (Kuretha), District Morena (M.P.) and there is no possibility of her absconding or tempering with prosecution case. On these grounds, he prays for grant of bail to the applicant.

Per contra, learned counsel for the State as well as counsel for the complainant have vehemently opposed the bail application and prays for dismissal of bail application.

Heard learned counsel for the parties and perused the case diary. Having considered the arguments advanced by learned counsel for the parties, so also the fact that the applicant is a old woman aged about 60 years, without commenting upon the merits of the case, the application 3 i s allowed. It is directed that in the event of arrest, the applicant be released on bail, on executing a personal bond in the sum of Rs.1,00,000/-(Rupees One Lac Only) with two solvent sureties in the like amount to the satisfaction of the Arresting Officer/Investigating Authority.

The applicant shall further abide by other conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified copy as per rules.

(SUNITA YADAV) JUDGE vpn VIPIN KUMAR AGRAHARI VALSALA VASUDEVAN 2022.08.24 09:49:49 2018.10.26 15:14:29 -07'00' +05'30'

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