KALI BAI Vs. STATE OF M.P.

JUDGEMENT

(1.) Both these petitions have arisen out of same crime number of same police station, therefore, they are heard together and are being disposed of by this common order.

(2.) Applicant-Kalibai has filed the first bail application and applicant Savita Bai has filed the second bail application under Sec. 439 of the Code of Criminal Procedure, 1973. They are in Jail since 4/8/2021 in connection with Crime No.232/2021 registered at P.S. - Shujalpur Mandi, District Shajapur (M.P.) for commission of offence punishable under Sec. 363, 366, 376(2)(N), 370, 370-A, 342, 120-B of IPC, under Sec. 5(L)/6/17, 17 of POCSO Act.

(3.) As per prosecution story, on 3/7/2021 complainant-Poonam, mother of the prosecutrix lodged a missing person's report at police station- Sujalpur Mandi to the effect that on the same day at about 10.30 a.m. her minor daughter i.e. prosecutrix was alone at home and she had gone for her work. At about 7 p.m. when she came back to home, she found that prosecutrix was missing. She searched her in nearby places but she could not find her and on the basis of the missing report, offence has been registered against the present applicants. After lodging the said report, prosecutrix had informed the complainant through mobile phone that she is living with co-accused Shahrukh. During the investigation, on 1/8/2021 the prosecutrix was recovered and she narrated that Shahrukh took her to Ujjain, where he kept her for about 3 months and committed rape upon her several times. Then, Sonu took her in the house of applicant Kalibai on the pretext that he will provide her good job. The present applicant Antar Singh along with Monika and Jagdish managed to sell the prosecutrix through Kalibai to co-accused Sonu on payment of Rs.1,65,000.00 then Sonu committed rape upon her several times.