IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VISHAL MISHRA ON THE 2nd OF MAY, 2022 MISC. CRIMINAL CASE No. 20467 of 2022 Between:-

ANSHUL MISHRA S/O BHUVNESHWAR PRASAD , AGED ABOUT 30 YEARS, OCCUPATION: BUSINESS NEHRU NAGAR REWA P.S. SAMAAN DISTRICT REWA (MADHYA PRADESH)

.....APPLICANT (BY SHRI ANIL KHARE, SENIOR ADVOCATE WITH SHRI SWATANTRA PANDEY, ADVOCATE )

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CIVIL LINES REWA (MADHYA PRADESH)

.....RESPONDENT (STATE BY SHRI PRAMOD KUMAR THAKRE, GOVT. ADVOCATE )

(OBJECTOR BY SHRI ASHOK SINGH, ADVOCATE)

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

O R D E R

I.A.No.7445/2022, an application under Section 301 read with Section 302 of Cr.P.C. for assisting the prosecution is allowed for the reasons mentioned therein. Counsel for the objector is permitted to assist Signature Not Verified SAN the prosecution.

JHARIYA Heard finally.

This is the first bail applications under Section 439 of Cr.P.C. for grant of bail.

The applicant has been arrested on 02.04.2022 by Police Station Civil Lines, District Rewa (M.P.) in connection with Crime No.142/2022 for the offence punishable under Sections 342, 506, 323, 328, 376-D, 354 & 506 of Indian Penal Code and Section 5/6 of Protection of Children From Sexual Offence Act, 2012.

As per the prosecution story, on 28.03.2022 the complainant/victim received a call from co-accused Vinod Pandey @ Dada asking her whether she is having any work in the college, he will do the same, she replied that she will do the work. After doing work of College, again a call from Vinod Pandey was repeated at around 4:30 asking her to come to Sainik School, when reached to Sainik School, a boy picked her by a white colour car. She reached the circuit house, where in the second floor Vinod Pandey @ Dada was sitting and he asked her to take blessings of a Saint who is coming soon at the circuit house. Thereafter, one long haired Saint wearing red colour dhoti kurta came there and asked whether there is any provisions for alcohol or not. A liquor bottle was brought by some boy at the same place. Thereafter, she was asked by Vinod Pandey to take blessings from Saint and also to make the saint happy and do whatever he want. She was forced to consume liquor and thereafter, the incident has taken place. It was further alleged that there was forceful sexual assault upon her made by the saint and thereafter by the other disciples. She was stated to be a minor, therefore, the offence vide crime no.142/2022 was registered on her complaint for the aforesaid offences.

It is submitted that the applicant has been falsely implicated in the case and he has not committed any offence in any manner. It is argued Signature Not Verified SAN that there is nothing in the persecution story to demonstrate that whether Date: 2022.05.06 10:47:06 IST offence under Section 376 of IPC has been committed by the present applicant or not. In the entire prosecution story, it is only revealed that the applicant was a person who made phone call to the victim. In such circumstances, no evidence is against the present applicant regarding commission of offence of rape. It is further submitted that some photographs have been produced alongwith an application of co-accused Sanjay Tripathi to demonstrate that the principal accused i.e. the so called Saint was being granted police protection, he was highly influential person and big political leaders as well as police authorities have taken blessings from him which are clearly reflected from the photographs. It is further argued that there was a programme organized by the Samdariya Group regarding Shri Hanuman Katha from 01st April to 10th April, 2022 wherein Varishtha Peethadhishwar Brahmrishi Vaidantiji Maharaj was supposed to address gathering and to deliver the Katha and the Saint i.e. Mahant Sitaramdasji Maharaj, who is holding a post of Dhar