Madhya Pradesh High Court
Neetu Devi vs The State Of Madhya Pradesh on 2 April, 2024
Author: Prakash Chandra Gupta
Bench: Prakash Chandra Gupta
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE PRAKASH CHANDRA GUPTA
ON THE 2 nd OF APRIL, 2024
MISC. CRIMINAL CASE No. 11801 of 2024
BETWEEN:-
NEETU DEVI W/O OMKAR KUMAR, AGED ABOUT 30
YEAR S , OCCUPATION: HOUSEHOLD WORK BALAJI
NAGAR DISTRICT DEWAS (MADHYA PRADESH)
.....APPLICANT
(SHRI SHAHID SHEIKH, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI,
DEWAS (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(SHRI VIRAJ GODHA, PANEL LAWYER)
MISC. CRIMINAL CASE No. 11281 of 2024
BETWEEN:-
BHAGWAN SINGH S/O SHRI AJAY SINGH, AGED ABOUT
28 YEARS, OCCUPATION: AGRICULTURIST AKNIYA
KHEDI, TEHSIL & DISTRICT RAJGARH (MADHYA
PRADESH)
.....APPLICANT
(SHRI YOGENDRA SINGH JATWA, ADVOCATE)
AND
THE STATE OF MADHYA PRADESH STATION HOUSE
OFFICER THROUGH POLICE STATION KOTWALI
DISTRICT DEWAS (MADHYA PRADESH)
.....NON-APPLICANT/STATE
(SHRI VIRAJ GODHA, PANEL LAWYER)
Signature Not Verified
Signed by: GEETA PRAMOD
Signing time: 03-04-2024
10:24:09
2
These applications coming on for orders this day, the Court passed the
following:
ORDER
Heard with the aid of case diary.
Both are second applications filed under Section 439 of Cr.P.C. for grant of bail to the applicants/accused, in connection with FIR/Crime No.717/2023, Date:- 11.07.2023 registered at P.S. - Kotwali, District - Dewas (M.P.) for commission of offence punishable under Sections 370, 370-A and 342 of the IPC & Sections 3, 5 and 7 of Immortal Traffic (Prevention) Act.
2. First bail application of the applicants were dismissed on merit vide orders dated 21.09.2023 passed by this Court in MCRC No.41379/2023 and MCRC No.40233/2023.
3. Prosecution story, in brief is that on 11.07.2023, a secret information was received at P/S Kotwali, Dewas that co-accused Dirghesh @ Golu Trivedi is running a brothel in "Hotel Garam Masala" situated in Kakade Market bus stand Dewas by outsourcing girls. After completing other formalities, the police force proceeded towards the aforesaid hotel and raided at 05:30 PM on the same day. It was found that there was a big hall, 3 rooms and a kitchen in the hotel. All the rooms were closed from inside. The co-accused Dirghesh @ Golu was sitting on the counter of the hotel. Accused persons Shyam and Sumer were sitting on a sofa, which was nearby the counter. Doors of all the 3 rooms were made open. Co-accused Mahesh was found in the first room, accused Bhagwan Singh in the second room and co-accused Krishnapal was found in third room, alongwith 1 woman in each room in naked and semi-naked state. Kitchen was made open, where 5 women were found. Co-accused Dirghesh @ Golu was searched and Rs.700/- cash was recovered. A QR code and a mobile Signature Not Verified Signed by: GEETA PRAMOD Signing time: 03-04-2024 10:24:09 3 phone, which was used to call the customers, 32 condoms, 75 oil capsules and Rs.3,300/- cash were recovered from his counter. Mobile phones, cash and other materials were also recovered from the co-accused persons. Co-accused Nitu Kushwah disclosed that by inducing women for money, she used to bring them to the hotels for which co-accused Dirghesh @Golu used to give her commission. An FIR was lodged on the same day against applicants and other co-accused persons.
4. Learned counsel for the applicants/accused submit that applicants have not committed the offence and have falsely been implicated in the case. Co- accused Suman Patidar has already been enlarged on bail vide order dated 21.02.2024 passed by this Court in MCRC No.7114/2024 and case of present applicants is identical to that of co-accused. Applicants are in custody since 11.07.2023. Conclusion of trial will take considerable long time for its disposal. Therefore, on the ground of parity with the co-accused, it is prayed that applicants be released on bail.
5 . On the other hand, learned counsel for the non-applicant/State has opposed the prayer and prayed for rejection of the applications.
6. Having considered the rival submissions and after perusal of the case diary so also considering the facts and circumstances of the case, without commenting on the merits of the case, on the ground of parity with co-accused, this Court is of the view that applicants deserve to be enlarged on bail hence, both the applications are allowed.
7. It is directed that applicants - Neetu Devi & Bhagwan Singh shall be released on bail upon their furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each with one solvent surety each in the like amount to the satisfaction of the concerned Trial Court for their Signature Not Verified Signed by: GEETA PRAMOD Signing time: 03-04-2024 10:24:09 4 appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during pendency of the trial. It is further directed that applicants shall comply with the provisions of Section 437(3) of Criminal Procedure Code, 1973.
8. This order shall be effective till the end of trial but in case of bail jump, it shall become ineffective.
9. With the aforesaid, these applications are allowed and stand disposed of.
Certified copy, as per Rules.
(PRAKASH CHANDRA GUPTA) JUDGE gp Signature Not Verified Signed by: GEETA PRAMOD Signing time: 03-04-2024 10:24:09