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. 20278 of 2022 Between:-

SANJAY TRIPATHI S/O LATE SHRI SHRIDHAR TRIPATHI , AGED ABOUT 52 YEARS, OCCUPATION: BUSINESS R/O PADRA, NEW BASTI WARD NO. 4, POLICE STATION CIVIL LINES, DISTRICT REWA (M.P.)

(MADHYA PRADESH)

.....APPLICANT (BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI SIDDHARTH K.

SHARMA, ADVOCATE )

AND

1. THE STATE OF MADHYA PRADESH THROUGH POLICE STATION CIVIL LINES DISTRICT REWA (M.P.) (MADHYA PRADESH)

2. VICTIM X S/O NOT MENTION THR. P.S. CIVIL LINES (MADHYA PRADESH)

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

(OBJECTOR BY SHRI ASHOK SINGH, ADVOCATE)

__________________________________________________________

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

O R D E R

I.A.No.7448/2022, an application under Section 301 read with Signature Not Verified SAN 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 the prosecution.

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 same. 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 a 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 blessing 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 Signature Not Verified stated to be a minor, therefore, the offence vide crime no. 142/2022 was SAN 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. Only allegation against the applicant is that he has send his vehicle to drop the victim after the offence was committed, therefore, no case under Section 376 of IPC could be made out against the present applicant. At the most prosecution could have registered an offence under Section 212 of Cr.P.C. against the present applicant. There is no connectivity of the present applicant in the present case. The Saint has arrived at farmhouse of the present applicant and thereafter he went to the circuit house alongwith the police protection. From a perusal of the entire story, it appears that the same has been cooked one by the prosecution, because there is no possibility of commission of offence of rape by the present applicant. Even by the principal accused, because he was already granted the police protection and the premises is a govt. premises i.e. a circuit house surrounded by many people, lot of people were coming to take blessings of the Saint and during such gathering, it is not possible to commit such an offence. It is furth