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IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR.
MCRC No………………..of 2024
APPLICANT : 1. GEETA MAWASKAR
2. RAJU MAWASKAR
(In jail)
// VERSUS //
RESPONDENT : STATE OF M.P. &
ANOTHER
INDEX
S.NO. DESCRIPTION OF ANNEX. PAGE
DOCUMENTS NO.
1. Memo of Application Under -
Section 439 Cr.P.C. 1973 /
Under Section 483 Of Bhartiya
Nagarik Suraksha Sanhita, 2023
2. List of documents -
3. A copy of the impugned order A/1
dated 10.07.2024
4. A copy of depositions of A/3
prosecution witnesses.
5. VAKALATNAMA
Place: Jabalpur. (PRAMENDRA SINGH THAKUR)
Date :____/____/2024 COUNSEL FOR THE APPLICANT
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IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR.
MCRC No………………..of 2024
APPLICANT : 1. GEETA MAWASKAR
(In jail). W/o Raju Mawaskar,
Age: 30 Years old,
2. RAJU MAWASKAR
S/o Moti Mawaskar
Age: 35 Years old,
R/o Kusumkot,
Current Address- Kusumkot,
P.S. – Dharini Tehsil Chikhaldara
District- Arawati (Maharashtra)
// VERSUS //
RESPONDENT : 1. STATE OF M.P.
(Through P.S Mohada,
District Betul M.P.)
APPLICATION UNDER SECTION 439 OF CODE OF CRIMINAL
PROCEDURE, 1973 / 483 OF BHARATIYA NAGARIK
SURAKSHA SANHITA, 2023 FOR GRANT OF BAIL
Whether any bail The first Bail application under
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application is pending Section 439 of Cr.P.C 1973 &
before or already Under Section 483 Of Bharatiya
Disposed of by (if yes, Nagarik Suraksha Sanhita, 2023
give particulars)
No. Date of Result
order
Hon’ble Supreme Court Nil Nil Nil
of India
Hon’ble High Court(s) NIL NIL NIL
Court(s) Subordinate to BA/113/2024 10.08.202 Dismisse
High Court 4 d
Particulars of crime. Particulars of the impugned
order
Crime No: 101/2024 Case no. BA/113/2024
Police Station: Mohada, Designation of the court:
District - Betul (M.P.) Additional Session Judge,
Bhaisdehi District Betul
( M.P)
Offence u/s: 366, 363, 368, Place: Kusumkot, District-
376(3), 376(2)(n), 506 read Amravati (Maharashtra)
with 34 of Indian Penal Code
1860,
5(1) read with section 6 of
Protection of Children from
Sexual Offenses Act, 2012
Date of arrest: 08.08.2024 Date of the order: 10.08.2024
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The above-named applicant most humbly and respectfully
submits as under:-
1. That, this is the FIRST application for bail under section
439 Cr.P.C. 1973 & Under Section 483 Of Bharatiya Nagarik
Suraksha Sanhita, 2023 filed by the applicant, before this
Hon’ble High Court of Madhya Pradesh.
PARTICULARS OF IDENTICAL/SIMILAR MATTERS
S.NO. Crime Police Offenc Status Particulars Particulars
No. Station e U/S of of Bail of any
with Arrest Order with order with
District Case No. Case
Number
Ni. Nil Nil Nil Nil Nil Nil.
PARTICULARS OF EARLIER BAIL APPLICATION
S. Date of Institution No. Date of Name of
No. filing of order Judge
the
application
NIL NIL NIL NIL NIL
2. That, to the best knowledge of the applicant no other
application Under Section 439 of the Code of Criminal
Procedure, 1973 & Under Section 483 Of Bharatiya Nagarik
Suraksha Sanhita, 2023 or Under Section 483 Of Bharatiya
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Nagarik Suraksha Sanhita, 2023 for grant bail is pending
before or decided by the Hon’ble Court(s).
3. That, the applicant is the sole accused in the instant case.
Name of Date of Institution Date of Name of
the Application Number the Order the Judge
Accused
- - - - -
4. That, a certified copy of the impugned order dt. 10.08.2024
passed by the learned court below in case no. BA/113/2024
where the court below rejected the bail application of the
applicant in a cavalier and arbitrary manner. A copy of the
order dated 10.08.2024 is herewith annexed as
ANNEXURE A/1.
5. FACTS OF THE CASE :-
a. That as per the story of prosecution on 25.04.2024, the
parents of the prosecutrix were not at home. At the same
time, Accused Akhilesh came with his aunt's daughter
Nandani at her house and threatened her to kill her brother
and asked her to come to the grocery store at 12:00 in the
night. Due to panic and fear, she reached near Faiyaz
Seth's grocery shop at night. From there, Akhilesh forcibly
took her on a Pulsar motorcycle
and took her to his sister's house in Kusumkot Maharashtra
and on 26.04.2024, he married her and forcibly had
physical relations with her twice in the night.
b. On 27.04.2024, when Akhilesh's real brother-in-law Sunder
Kasde came to Kusumkot and expressed his displeasure,
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Akhilesh started taking prosecutrix to Damjipura. On the
way they met with Akhilesh's uncle's son Buddhu Singh. He
asked the prosecutrix to tell the police station that she had
gone of her own free will and She will grow up she’ll marry
Akhilesh and if the marriage does not happen, she will die
by consuming poison.
c. Akhilesh then threatened to kill his brother if she did not
give a statement in his favor, Due to fear she did not tell
anything to the police. Then the next day she gathered
some encouragement and told the entire incident to her
aunt and parents.
d. In relation to the above incident, a case was registered
against the applicant and other accused at Police Station
Mohada, District Betul under crime number 101/2024 under
section 363, 366,368. 376 (3), 376 (2) (n), 506 read with
section 34 IPC And Section 5(1) read with 6 Protection of
Children from Sexual Offenses Act, 2012 has been
registered and investigation is underway. The present
applicants i.e. Geela and Raju were arrested on 08.08.2024
and presented before the court.
Hence the instant Bail application under section 439 of
Cr.P.C. on the following grounds: -
6. Grounds:
I. That, after the perusal of the story of the prosecution no
case for the aforesaid sections can be culled out, even if the
entire prosecution story is treated to be gospel truth.
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II. That, the applicant is falsely implicated in the instant
criminal case and he has no role to play in the commission
of the alleged offence. All the allegations made against the
applicant have no string of truth in them and have been
made just to diminish the reputation of the applicant and
sabotaging his image in society.
III. That, the applicant Geeta and Raju has been in Jail since
08.08.2024 and they are having a daughter aged about 4
years with them in jail and it would ultimately harm the
mental as well as physical of the daughter.
IV. Applicants have neither let the accused to stay at their
home and nor they abetted the accused.
V. Buddhi Singh the other accused has been already given the
benefit of the bail by the another court.
VI. That the applicant has been falsely implicated in the crime
as an afterthought even though no overt act is attributable
to him.
VII. That, it is submitted that false and fallacious allegations
have been leveled against the Applicant and a bare perusal
of the complaint makes it clear that the complaint is based
on surmises and conjectures which have been lodged with
malicious intention just to falsely implicate the applicant.
VIII. That, dual aspects of actus reus and mens rea are clearly
absent in the instant case which is a sine qua non for
implicating any individual as an accused. The allegation
leveled against the applicant smacks foul of incorrect facts
and in the absence of material particulars to cull out actus
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reus and mens rea of the applicant, no case is made out
against the applicant.
IX. That it is pertinent to mention that the overt act attributed
to the present applicant does not attract the alleged
offense.
X. That, the version presented by the prosecutrix is erroneous
and malicious with the object of implicating the present
applicant.
XI. That, it is to be noted here that there are glaring
inconsistencies in statements made by the prosecutrix at
different stages. Hence, it becomes axiomatic and beyond
cavil of any doubt that the entire story has been fabricated
by the complainant so as to falsely implicate the Applicant.
XII. That, the applicant is a permanent resident of District Betul
M.P. and there is no chance of his absconding.
XIII. That, the applicant is ready and willing to furnish adequate
surety to the satisfaction of this Hon’ble Court. He shall
abide by all terms and conditions imposed by this Hon’ble
Court.
PRAYER
It is, therefore, prayed that the Hon’ble Court may kindly be
pleased to grant bail to the applicant, in the interest of justice.
Place: Jabalpur. (PRAMENDRA SINGH THAKUR)
Date :____/____/2024 COUNSEL FOR THE APPLICANT
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IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR.
MCRC No………………..of 2024
APPLICANT : RISHABH BAIRAGI
(In jail)
// VERSUS //
RESPONDENT : STATE OF M.P. &
ANOTHER
LIST OF DOCUMENTS
S. DESCRIPTION OF DATE ORIGINAL PAGE
No. DOCUMENTS /COPY NO.
1. A copy of the impugned Copy
order dated 10.07.2024
Place: Jabalpur. (PRAMENDRA SINGH THAKUR)
Date :____/____/2024 COUNSEL FOR THE APPLICANT
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