Deepa Vishwakarma vs State Of Madhya Pradesh

J.P.Gupta, J

This is second bail application under Section 439 of Cr.P.C. filed on behalf of applicants Smt.Deepa Vishwakarma and Anju @ Manju Vishwakarma,

who are in custody in relation to Crime No.634/2019 registered at Police Station Kotwali, District Chhattarpur (MP) for the offence punishable under

Sections 363, 366 and 376 of the I.P.C. and section 3/4 of the POCSO Act. First application was dismissed on merit on 5.2.2021 with liberty to revive

the prayer after undergoing some substantial period of detention.

As per the prosecution story, co-accused Monu, who was juvenile, kidnapped and committed rape with the prosecutrix who was minor at the time of

incident. It is alleged that applicants being sisters of the co-accused facilitated him in commission of kidnapping and rape with the prosecutrix.

Accordingly, the applicants were also involved in the aforesaid crime.

Learned counsel for the applicants submitted that the applicants have completed more than one month and 7 days in custody. Charge-sheet has been

filed. Trial will take time. There is no allegation with regard to facilitation by the applicants or administering any intoxicating substance to the

prosecutrix. Because brother of the applicants have committed the alleged crime, the applicants have been falsely implicated. There is no likelihood of

his absconding or tampering with the evidence. The applicants are women and have small children. Their custodial trial is not required. Hence, no

purpose will be served by keeping the applicants in further custody. In view of the role assigned to the applicants, prayer is made to enlarge the

applicants on bail.

On the other hand, learned P.L. appearing for the State opposed the application on the ground that age of the prosecutrix at the time of incident was

below 16 years hence, prayed for rejection of the same.

Having considered the contention advanced by learned counsel for the parties and on perusal of the case diary, looking to the contradictory statement

of the prosecutrix and to the role assigned to the applicants, this application is allowed. Applicants Smt.Deepa Vishwakarma and Anju @ Manju

Vishwakarma are directed to be released on bail on their furnishing a personal bond in a sum of Rs.50,000/- each with a solvent surety each in the like

amount to the satisfaction of JMFC concerned or CJM for their appearance in trial Court on the dates so fixed by that Court during trial. It is directed

that applicants shall comply the provisions of Section 437(3) Cr.P.C.

Certified copy as per rules.