High CourtsSingle Bench(2021) 08 MP CK 0152

Sushila Bai @ Kavita vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 24 August 2021

HON’BLE JUDGES
Shailendra Shukla, J
RESULT
Disposed Of
CASE NUMBER
Criminal Appeal No. 4886 Of 2021

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Judgment

20 paragraphs · 360 words

Shailendra Shukla, J

This second criminal appeal under Section 14-A(2) of the SC/ST (Prevention of Atrocities) Act has been filed against the order dated 24.03.2021

passed by the Special Judge, Neemuch, whereby application for regular bail has been dismissed.

Appellant - Susheelabai @ Kavita W/o Raju @ Rajmal is implicated in Crime No.28/2021 registered at Police Station Neemuch Cant., District

Neemuch for the offence punishable under Sections 370, 370-A, 372 and 201 of IPC along with 3/18 of the Protection of Children from Sexual

Offences Act, 3(2)(v) of the SC/ST (Prevention of Atrocities) Act and 3, 4 and 5 of the Immoral Traffic (Prevention) Act.

His first criminal appeal was dismissed as withdrawn vide order dated 27.05.2021 passed in CRA No.2596/2021 with liberty to renew the prayer after

examination of prosecutrix.

Learned counsel for the appellant submits that prosecutrix has since been examined on 30.07.2021 and she has turned hostile and did not support the

case of the prosecution that it was the applicant who had pushed her into illegal and immoral trafficking, pursuant to which she was sexually abused by

other co-accused persons. He submtis that other co-accused persons have already been granted bail.

Learned Public Prosecutor for the State was also heard who has opposed the bail application. Considered. Â

On due consideration of the aforesaid submissions, without expressing any opinion on the merits of the case, I allow the bail application and it is

directed that the appellant - Susheelabai @ Kavita shall be released on bail subject to her 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 concerned Trial Court with a direction that she will

cooperate in trial and present herself regularly before the Trial Court on each and every date fixed by the Court concerned during trial and if during

trial, she is found absent without any sufficient cause by the Trial Court, then the bail order passed by this Court shall automatically come to an end

without reference to the Court.

With the aforesaid, the criminal appeal stands disposed of.

Certified copy as per rules.