VICTIM A. Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an application filed by the defacto prosecutrix/victim in FIR No.10/2023 dtd. 7/1/2023 registered at Police Station ' Bamhani, District Mandla (M.P.) to cancel the bail granted to the accused in the above crime. The accused is the second respondent in this application.

(2.) I have heard learned counsel for the applicant/victim, the learned Government Advocate as well as learned counsel appearing for the second respondent/accused.

(3.) It is submitted by learned counsel for the applicant/victim that as per order dtd. 16/8/2023 passed in M.Cr.C. No.23496/2023, this Court granted bail to the second respondent/accused in FIR No.10/2023 dtd. 7/1/2023, registered at Police Station Bamhani, District Mandla (M.P.) subject to conditions enumerated under Sec. 437(3) of the Cr.P.C. It was made clear that in case of bail jump and breach of any of the conditions, the bail order shall become ineffective. It is submitted that respondent No.2/accused is continuously threatening the applicant/victim after coming out of jail and pressurizing her to compromise and withdraw the case. It is contended that she attempted to file a complaint with Bamhani Police Station, but the Police did not register the FIR and just recorded NCR under Sec. 155 of the Cr.P.C. It is stated that on 14/10/2023, at around 11.p.m., the accused reached the prosecutrix's house with a sword in his hand and threatened her to withdraw the case. When she made a call to Police, the Police reached at the spot and arrested the accused and registered a case under Sec. 25 of the Arms Act, FIR No.502/2023 dtd. 14/10/2023 was registered. He was produced before the Court of Judicial Magistrate First Class, but despite opposition of the applicant/victim, the Trial Court released him on bail. It is further submitted that she moved an application before the Trial Court on 16/10/2023 to forfeit the bail bonds of the respondent No.2/accused and send him to jail but Trial Court i.e. POCSO Court has not taken any action so far. The accused is married, having three kids and is 28 years old. After release on bail, respondent No.2 has threatened and abused her. He has disturbed her mental peace. Therefore, it is prayed that bail order dtd. 16/8/2023 granting bail to the accused be cancelled and he be committed to jail.