IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH ON THE 7^th OF JULY, 2022 MISC. CRIMINAL CASE No. 18584 of 2022 Between:-

1. RAMBABU S/O DEVBAKSH CHANDRAWANSHI , AGED ABOUT 50 YEARS, OCCUPATION: AGRICULTURE GRAM MANDAWAR, TEHSIL NARSINGHGARH (MADHYA PRADESH)

2. ASHOK CHOUDHARY S/O GOVIND CHOUDHARY , AGED ABOUT 37 YEARS, OCCUPATION: TRACTOR MECHANIC GRAM MANDAVAR, DISTT RAJGARH (MADHYA PRADESH)

.....PETITIONERS (BY SHRI VIVEK SINGH, ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BODA, DISTT RAJGARH (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI SUDHANSHU VYAS, GOVT. ADVOCATE MS ASTHA SAXENA, ADVOCATE FOR THE COMPLAINANT)

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

ORDER

Heard with the aid of case diary.

This is the first application filed under Section 439 of Cr.P.C for grant of bail to the applicant no.1 - Ram Babu, as he has been arrested on 14.02.2022 in connection with Crime No. 47/2022 registered at Police Station Boda, District Signature Not Verified SAN Rajgarh (M.P.) for commission of offence punishable under Sections 376, 450, Date: 2022.07.08 15:21:57 IST 506, 376(2)(N), 376(D), 509, 354(C) r/W 34 of IPC, Sec 5L/6, 5G/6,11/12 of Protection of Children From Sexual Offences Act, 2012 and Sec 67-A,66-E of Information and Technology Act.

Bail application so far as it relates to applicant no.2 - Ashok already stands dismissed as withdrawn by order dated 18.04.2022.

Prosecution story, in brief is that on 11.02.2022, prosecutrix made a complaint to the effect that on 29.11.2021, at about 13:00 p.m. when she was alone at her home, co-accused Kamlesh entered her house, forcefully kissed her and committed rape upon her and also threatened her not to disclose about the incident to anyone otherwise, he will kill her and her family members as well.

During investigation, in her supplementary statement recorded on

14.02.2022, u/S 161 of Cr.P.C., she made allegations against the applicant as well as other co-accused persons stating therein that on 22.08.2020, co-accused Kamlesh proposed her for marriage and on that false pretext made intimate relations with her. In the month of January, 2021, co-accused Kamlesh came at her house alongwith co-accused Golu Choudhary who committed rape upon her. On 14.02.2021, co-accused Kamlesh called her at his house saying that Golu has recorded her obscene video and photographs also. In the meantime, applicant alongwith co-accused Golu, Manoj and Ashok came there and forcefully committed rape upon her one by one. They threatened her make her obscene video viral, if she dare to disclose about the said incident to anyone. Thereafter on 29.11.2021, co-accused. Kamlesh again came at her house and committed rape upon her. On 07.02.2022, applicant and co-accused persons made her obscene video viral. on Accordingly, case has been registered against the applicant.

Signature Not Verified SAN Learned counsel for the applicant submits that initially, in her FIR dated

11.02.2022 and also during recording of history at the time of MLC, prosecutrix did not allege anything against the applicant and allegations were made only against the co-accused Kamlesh. Applicant has falsely been implicated in the matter. FSL report does not support the prosecution case as mobile seized from the possession of applicant does not contain any obscene material relating to the prosecutrix. Applicant is in custody since 14.02.2022. Trial will take time to conclude and therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Public Prosecutor for the respondent/State as well as counsel for the complainant opposed the application and submit that prosecutrix in her supplementary statement recorded u/S 161 of Cr.P.C. specifically stated that applicant alongwith other co-accused persons committed rape upon her and threatened that they will make her obsence video viral. Prosecutrix's statement finds supp