Madhya Pradesh High Court
Rahul Singh vs The State Of Madhya Pradesh on 10 July, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 10 th OF JULY, 2023
MISC. CRIMINAL CASE No. 29484 of 2023
BETWEEN:-
RAHUL SINGH S/O SHRI RAMLAL SINGH PATEL, AGED
ABOUT 23 YEARS, OCCUPATION: LABOUR VILLAGE
VEERPUR POLICE STATION NAGOD DISTRICT SATNA
(MADHYA PRADESH)
.....APPLICANT
(BY SHRI U.N. PANDEY - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION NAGOD DISTRICT SATNA (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD CHOUBEY - GOVERNMENT ADVOCATE FOR THE
RESPONDENT/STATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail relating to FIR No.410/2023 registered at Police Station-Nagod District-Satna (MP) for the offence under Section 376 of IPC.
2. Learned counsel appearing for the applicant submitted that applicant is innocent and he has falsely been implicated in the case. Prosecutrix is major aged more than 23 years. There was loved relationship between applicant and prosecutrix since last two years. It is submitted that incident is said to have Signature Not Verified Signed by: ROSHNI SINGH Signing time: 11-07-2023 16:45:30 2 taken placed on March, 2021 but no report was lodged immediately. FIR was lodged after period of more than two years. It is submitted that prosecutrix got pregnant and she was also aborted. Thereafter, report has been lodged against the present applicant. It is submitted that looking to consensus relationship between the parties, applicant may be enlarged on anticipatory bail.
3. Government Advocate appearing for State opposed the application for grant of anticipatory bail. It is submitted that applicant had violated the prosecutrix after making promise to marry.
4. Heard the counsel for the parties.
5. Prosecutirx is major, there is delay in lodging the FIR. There is admission by prosecutix in statement recorded under 164 of Cr.P.C. in which she has admitted regarding relationship with applicant.
6. Considering aforesaid facts and circumstances of the case, anticipatory bail application filed by applicant is allowed. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, applicants shall be released on bail on furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for his regular appearance before the Investigating Officer during the investigation as and when required.
7 . Applicant will further abide by the conditions enumerated in sub- section (2) of Section 438 of the Code of Criminal Procedure.
Certified copy as per rules.
(VISHAL DHAGAT) Signature Not Verified Signed by: ROSHNI SINGH Signing time: 11-07-2023 16:45:30 3 JUDGE R Signature Not Verified Signed by: ROSHNI SINGH Signing time: 11-07-2023 16:45:30