Madhya Pradesh High Court
Rabiya Bisv vs The State Of Madhya Pradesh on 28 January, 2025
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2025:MPHC-JBP:4189
1 MCRC-47504-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 28th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 47504 of 2024
RABIYA BISV
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Navneet Shukla - Advocate for applicant.
Shri Pramod Pandey - Government Advocate for State.
ORDER
This is first application filed by the applicant under Section 483 of the
Bhartiya Nagrik Surksha Sanhita, 2023 for grant of regular bail relating to
FIR No.372/2020 registered at Police Station Shahpura, District Bhopal
(M.P.) for the offences under Sections 376, 376(2)(n), 366A, 354, 370(1),
377, 109, 212, 120B of IPC, Section 5l/6, 3/4 of POCSO Act, Section 25/27
of Arms Act, Section 75, 77, 79 of Juvenile Justice Act, 2015 and Section
3(1)(w)(i), 3(1)(w)(ii)a, 3(2)(v) of SC/ST (Prevention of Atrocities) Act.
2. Learned counsel appearing for the applicant submitted that appellant
is in jail for about four years i.e. from 18/07/2020. There is about 122
witnesses and trial is likely to take long time. It is submitted that only 20
witnesses have been examined on the date of filing of application. In these
circumstances applicant may be enlarged on bail.
3. Learned Government Advocate appearing for the State opposed the
application for grant of bail. It is submitted that applicant is having criminal
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-01-2025
10:29:40
NEUTRAL CITATION NO. 2025:MPHC-JBP:4189
2 MCRC-47504-2024
record of similar cases. Applicant is habitual offender. Offence is heinous in
nature. In these circumstances, she may not be granted bail.
4. Heard the counsel for the parties.
5. Considering the fact that appellant is in custody since last four years
and trial is likely to take long time as out of 122 witnesses only 20 witnesses
have been examined, bail application filed by applicant is allowed with
conditions that appellant will mark her presence twice in every month before
concerned Police Station and she will furnish security of Rs.1,00,000/-
(Rupees one lacs only) which will be forfeited in favour of State
Government, if she is found involved in other offence in future or she fails to
appear regularly before Police Station. If applicant is found involved in any
other offence in future or fails to appear before concerned Police Station,
then prosecution will be at liberty to file application for cancellation of bail.
6. It is directed that the applicant shall be released on bail on
furnishing personal bond of Rs.50,000/- (Rs. Fifty Thousand Only) with one
solvent surety in the like amount to the satisfaction of the trial Court
concerned for her regular appearance before Court on all such dates as may
be fixed in this regard during pendency of trial.
7. The applicant shall also abide by the following conditions of
Section 480(3) B.N.S.S. as under:-
(a) that such person shall attend in accordance with the conditions of
the bond executed under this Chapter;
(b) that such person shall not commit any offence similar to the
offence of which he is accused, or suspected of the commission of which heSignature Not Verified
Signed by: ANURAG SONI
Signing time: 29-01-2025
10:29:40
NEUTRAL CITATION NO. 2025:MPHC-JBP:41893 MCRC-47504-2024
is suspected and;
(c) that such person shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the
case as to dissuade him from disclosing such facts to the Court or to any
police officer or tamper with the evidence.
C.C. as per rules.
(VISHAL DHAGAT)
JUDGE
as
Signature Not Verified
Signed by: ANURAG SONI
Signing time: 29-01-2025
10:29:40
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