The prosecution story in short is that on 22.08.2019, the
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
M.Cr.C. No.20716/2020
( Kalla Vs. The State of Madhya Pradesh )
(2)
complainant lodged missing person report in respect of his daughter
(prosecutrix) aged about 17 years to the effect that she had gone to
answer the nature's call but did not return. The girl, who
accompanied the prosecutrix, informed the complainant that she has
been taken away by the person who came on white coloured vehicle.
It is also alleged that the applicant took the prosecutrix alongwith
him on the pretext of marriage and committed rape from the date of
incident till 22.10.2019. On the basis of aforesaid, the crime has
been registered against the present applicant.
Learned Additional Advocate General is directed to send an e-
copy of this order to the Station House Officer of the concerned Police
5
THE HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
MCRC-28373-2020
(Kalli @ Kalyan Vs. State of M.P.)
Station for information and necessary action.
It is made clear that benefit of suspension shall be extended to
the appellants No.1 Kalla @ Kalyan, No.6 Brajmohan and No.7
Ramkesh only on depositing an amount of Rs.5,000/- (Rupees Five
Thousand Only) each in Prime Minister Citizen Assistance and
relief in Emergency Situation Fund (PM Cares Fund). They shall
submit an attested photocopy of the receipt before the concerning
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A.No.3116/2020
( Kalla @ Kalyan and others Vs. State of Madhya Pradesh )
(4)
Court, for placing the same on record of this case. They shall also
furnish a written undertaking that they will abide by the terms and
conditions of various circulars, as well as, orders issued by the
Central Government, State Government and local administration
from time to time such as maintaining social distancing, physical
distancing, hygiene etc. to avoid proliferation of Corona virus. They
shall install Arogya Setu App.(If not already installed) in the mobile
phone.
3. The applicant will not indulge himself in extending
inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade them from disclosing such facts
HIGH COURT OF MADHYA PRADESH
4 M.Cr.C.No.12502/2020
(Kalla Vs. State of M.P.)
Learned counsel for the appellants submits that appellants No.
HIGH COURT OF MADHYA PRADESH,
BENCH AT GWALIOR
Cr.A. 3116/2020
( Kalla @ Kalyan & Ors. Vs. The State of Madhya Pradesh )
(2)
4 (Ramprasad) & 5 (Chironjilal) have been falsely convicted in the
matter. It is further submitted that there are omissions and
contradictions in the evidence of the prosecution witnesses. It is
further submitted that prosecution has not examined any independent
witness, but only interested witnesses and relatives of the
complainant have been examined. It is further submitted that in
view of outbreak of COVID 19, detention of the appellants No. 4
(Ramprasad) & 5 (Chironjilal) in already congested prison may be
detrimental. It is further submitted that there is no allegation against
the appellants No. 4 (Ramprasad) & 5 (Chironjilal) for assaulting the
victim. The only allegation levelled against the appellants No. 4
(Ramprasad) & 5 (Chironjilal) is that the appellants No. 4 & 5 have
also participated in the offence alleged along with more than five
accused persons, but the prosecution has not added section 149 of
IPC along with offence charged against the appellants No. 4 & 5,
therefore, no case is made out against the appellants No. 4 & 5.
There are fair chances of success of this appeal and the appeal may
take long time for its conclusion and the appellants No. 4
(Ramprasad) & 5 (Chironjilal) cannot be kept in custody for an
unlimited period. Under these circumstances, the execution of
sentence be suspended and they be released on bail.
4. The applicant shall not commit an offence similar to the
THE HIGH COURT OF MADHYA PRADESH
MCRC-29242-2019
(KALLA Vs THE STATE OF MADHYA PRADESH)
offence of which he is accused;
Accordingly, the application filed by the applicant is allowed. The
applicant is directed to be released on bail on his furnishing personal
bond in the sum of Rs.70,000/- (Rs.Seventy thousand only) with one
solvent surety of the like amount to the satisfaction of the trial Court for
his regular appearance before the trial Court during trial with a condition
that he shall remain present before the Court concerned during trial and
3 M.Cr.C.No.45983/2021
(Kalla Vs. State of M.P.)
shall also abide by the conditions enumerated under Section 437(3) of
Criminal Procedure Code, 1973.