IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL ON THE 4^th OF JULY, 2022 MISC. CRIMINAL CASE No. 23340 of 2022 Between:-

ANURAG MISHRA S/O SHRI JAI PRAKASH MISHRA , AGED ABOUT 20 YEARS, OCCUPATION: LABOUR R/O VILLAGE AMILIKI P.S. GOVINDGARH DISTRICT REWA (MP)

(MADHYA PRADESH)

.....APPLICANT (BY SHRI D.S. DUBEY, ADVOCATE FOR THE APPLICANT)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION MAHILA THANA DISTRICT REWA (M.P.) (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SANDEEP KUMAR DUBEY, PANEL LAWYER FOR THE STATE)

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

ORDER

This is first bail application under Section 439 of Cr.P.C. filed on behalf of the applicant- Anurag Mishra.

The applicant is in custody since 10.04.2022 in connection with Crime No.154/2022 registered at P.S.-Mahila Thana, Rewa District-Rewa (M.P.) for the offence punishable under Sections 376(2)(n) and 506 of IPC, Section 3/4 of POCSO Act and 66-E and 67-A of IT Act.

Signature Not Verified SAN As per prosecution case, on 09.04.2022 prosecutrix along with her father Date: 2022.07.05 18:11:41 IST and brother approached Mahila Thana Police Station Rewa and filed an th application in writing stating that in 2021, she was studying in Class-12 . Anjula was her class fellow, she used to go her home. One year ago, when she had gone to Anjula's house, Anjula's brother gave her cold drink with some intoxication. Thereafter, he undressed her and pictured her obscene video. Thereafter, he started to blackmail and threaten her and repeatedly committed aggravated sexual assault/ rape upon her. He often used to threat and blackmail her by saying that he would viral the video. When she refused to bow before his fussing demands, he shared that video with the villagers.

Learned counsel for the applicant has submitted that there is no allegation against the present applicant about committing of aggravated sexual assault/ rape upon the prosecutrix. The only allegation against him is that video made viral by Raj Saket was found stored in his mobile and he had forwarded that video in the mobile of Anurag Mishra on his request.

Learned counsel for the applicant further submitted that after investigation, charge-sheet has been filed. The trial of the case will take considerable time. Applicant has been falsely implicated. Applicant has not made video viral. Anurag had forwarded it to Ankit Mishra on his request just to verify whether girl in video is from her village or not so the real culprit may be taken to the task. Therefore, it has been prayed that the applicant be released on bail pending the trial.

On the other hand, learned Panel Lawyer for the State has opposed the grant of bail to the applicant.

The main allegations are against Raj Saket. He is the person who has pictured an obscene video of the prosecutrix in his mobile and later shared Signature Not Verified SAN video with villagers. Anurag had forwarded video to the mobile of Ankit at his request. After investigation, charge-sheet has been filed.

Therefore, having taken into consideration all the facts and circumstances of the case including the period of detention of the applicant and the fact that trial of the case will take considerable time, I am of the view that it is a case in which further pretrial detention of the applicant/accused is not warranted. Consequently, first bail application under Section 439 of the Code of Criminal Procedure for grant of bail filed on behalf of applicant- Anurag Mishra, is allowed.

It is directed that applicant- Anurag Mishra be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the co