Madhya Pradesh High Court

MCRC/54091/2023 of SMT. AKANSHA SHAKYA Vs THE STATE OF MADHYA PRADESH on 29 December 2023

Cites 0, Cited by 0

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:

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

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

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead