Madhya Pradesh High Court
MCRC/54091/2023 of SMT. AKANSHA SHAKYA Vs THE STATE OF MADHYA PRADESH on 29 December 2023
COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT GWALIORBEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKARON THE 29[th] OF DECEMBER, 2023
MISCELLANEOUS CRIMINAL CASE No. 54091 of 2023
BETWEEN:-
SMT. AKANSHA SHAKYA W/O SHRI AKASH SHAKYA,AGED ABOUT 24 YEARS, OCCUPATION: HOUSEWIFE,R/O GRAM LADERA, THANA BILAUVA DISTRICTGWALIOR (MADHYA PRADESH)
(BY SHRI A.S. CHAUHAN- ADVOCATE)
.....APPLICANT
AND
1.STATE OF MADHYA PRADESH THROUGH POLICESTATION UNIVERSITY DISTRICT GWALIOR
(MADHYA PRADESH)
2.ABHIYOKTRI THROUGH ARAKSHI KENDRAVISHVVIDHLAY DISTRICT GWALIOR (MADHYA
PRADESH)
(BY SHRI PRABHAKAR KUSHWAH- PANEL LAWYER FORRESPONDENTS/STATE)
.....RESPONDENTS
This application coming on for hearing this day, the court passed the following:
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ORDER
They are heard. Perused the case diary / challan papers.
2) This is the first bail application filed by the applicant under Section439 of Cr.P.C. as he is implicated in connection with Crime No.460/2023registered at Police Station- University, District- Gwalior (M.P.) for offencepunishable under Sections 376, 376(d) of IPC and Sections 3/4, 16 and 17 ofthe POCSO Act and Sections 3(2)(v) and 3(1)(w)(i) of SC/ST Act. The applicant is in custody since 26/11/2023.
3) Allegation is against the applicant is that she was also involved in thecase and main allegation is against the co-accused- Ashok Bajpai. It is allegedthat the applicant kept the prosecutrix in her house and allowed the co-accusedto commit the rape upon her. Counsel for the applicant submitted that theapplicant and the prosecutrix are related to the each other and prosecutrix is thedaughter of his uncle. It is submitted that a property dispute is going on and theapplicant is having two months baby with her in jail. Therefore, prayer for grantof bail to the applicant is made.
4) On the other hand, learned counsel for the respondent/State hasopposed the application and prayed for its rejection.
5) Having considered the rival submissions, perusal of the case diary andconsidering the fact that FIR was lodged after three months of incident andapparently MLC of the prosecutrix is of no sense that rape was committedupon her, therefore, this Court is inclined to allow the application. Accordingly,this application is allowed and the applicant is directed to be released on bailupon furnishing a personal bond in the sum of Rs.25,000/- (Rupees TwentyFive Thousand Only) with one solvent surety o f the like amount to thesatisfaction of the trial Court for her regular appearance before the trial Courtduring trial with a condition that she shall remain present before the courtconcerned during trial and shall also abide by the conditions enumerated underSection 437 (3) of Criminal Procedure Code, 1973.
7) Certified copy as per rules.
V.JUDGE