IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA th ON THE 19 OF JULY, 2023 MISC. CRIMINAL CASE No. 31086 of 2023 BETWEEN:-

1. MUKA @ MUKESH S/O RAMJI, AGED ABOUT 55 YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE BYGAUR, TEHSIL SENDHWA, DISTRICT BARWANI (MADHYA PRADESH)

2. GABA @ GORAKH S/O KUKA, AGED ABOUT 30 YEARS, OCCUPATION: AGRICULTURIST, R/O VILLAGE BYGAUR, TEHSIL SENDHWA, DISTRICT BARWANI (MADHYA PRADESH)

.....APPLICANTS (BY SHRI RAJESH YADAV - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION KHETIYA, DISTRICT BARWANI (MADHYA PRADESH)

2. VICTIM X THROUGH P.S. KHETIYA, DIST.

BARWANI (MADHYA PRADESH)

.....RESPONDENTS (BY MS. VINITA DWIVEDI - PANEL LAWYER)

This application coming on for admission this day, the court passed the following:

ORDER

1. They are heard. Perused the case diary /challan papers.

2. This is a First application under Section 439 of Criminal Procedure Code, 1973, as the applicants are implicated in connection with Crime Signature Not Verified Signed by: NEERAJ No.106/2022 registered at Police Station Khetiya, District Barwani (MP) for offence punishable under Sections 292, 34, 376, 34, 324, 342 of the IPC and Section 4, 6 Indecent Representation of Woman (Prohibition) Act and Section 67-B of I.T. Act and Section 3 of the Maharashtra Prevention of Eradication of Human Sacrifice and Other Inhuman, Evil and Aghori Practice and Black Magic Act, 2013.

3. The applicants are in custody since 17.05.2022.

4. As per the prosecution, on 14.05.2022, a case diary was received from Police Station Dhadgaon, District Nandurbar (Maharashtra) which was in Marathi language which was translated in Hindi from which it was found that one Aadiwasi lady has been subjected to cruelty by certain persons. Her clothes have been removed and a video of her has been made by two unknown persons, which has been circulated in social media. On receipt of the diary a report was registered and investigation was commenced during the course of which the applicants have been implicated and arrested for the present offence.

5. Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in the case. The prosecutrix has been examined before the trial court and it has been recorded that due to her mental condition she is not in a position to give her statement. The parents of the prosecutrix have been examined as PW.1 and PW.3 and both of them have not supported the prosecution case and have been declared hostile. The alleged eyewitness namely Subhash has also been examined as PW.5 and he has also been declared hostile. In the mobile clip which has been recovered as regards the incident it is shown that the applicants are the persons who are standing along with the prosecutrix but it is not seen that they have committed any overt act against her and were only seen making enquiries about her father. There is Signature Not Verified Signed by: NEERAJ no legal evidence on record against the applicants. They are in custody since 17.5.2022 and the trial is still likely to take time for its conclusion. On such grounds, prayer for grant of bail to the applicants has been made.

6. The aforesaid prayer has been opposed by learned counsel for the respondent/State submitting that in view of the allegations levelled against the applicants they are not entitled to be released on bail merely on the basis of statements of the prosecution witnesses.

7. I have heard learned counsel for the parties and have perused the case diary and the statements of witnesses.

8. The parents of the prosecutrix have been examined before the trial court and they have not supported the prosecution case and have been declared hostile. The prosecutrix has been unable to depose on account of her mental infirmity. The alleged eyewitness namely Subhash (PW.5) has also turned hostile. In the video clip of the incident the applicants have not been shown to be committing any overt act up