Madhya Pradesh High Court
Arsh Qureshi vs The State Of Madhya Pradesh on 13 February, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:6837
1 MCRC-1274-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 13th OF FEBRUARY, 2025
MISC. CRIMINAL CASE No. 1274 of 2025
ARSH QURESHI
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Shafiqullah, counsel for the applicant.
Shri Amit Sharma, G.A. for respondent/State.
None for victim despite service of notice.
ORDER
This is second application filed by the applicant under Section 483 of BNSS, 2023/439 of the Cr.P.C., 1973 for grant of regular bail relating to FIR No.304/2024, dated 16.05.2024, registered at Police Station- Garha, District
- Jabalpur (M.P.) for commission of offence punishable under Section 376,450 and 506 of IPC. Applicant is in detention since 17.05.2024. Applicant's first bail application dismissed as withdrawn and not pressed with liberty to renew the prayer for bail after recording of prosecutrix evidence before the trial court vide order dated 23.07.2024 passed in M.Cr.C.No.24344/2024.
2 . As per the prosecution story, on 16.05.2024, 21 years old prosecutrix submitted an application alleging that she knew applicant Arsh Qureshi for last 02 years and they were meeting each other at public places. On 14.05.2024 Arsh Qureshi called her for discussion with regard to marriage Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 2/14/2025 11:32:18 AM NEUTRAL CITATION NO. 2025:MPHC-JBP:6837 2 MCRC-1274-2025 but he took her in Searock hotel and on the knife point committed rape upon her. He also prepared her video and threatened not to disclose the incident to anyone. On the next day, she informed her sister and lodged the F.I.R.
3. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Applicant and prosecutrix both are major and prosecutrix was the consenting party. Therefore, it is prayed that applicant may be released on bail. 4 . On the other hand, learned counsel for the State has opposed the prayer for grant of bail to the applicant.
5 . Prosecutrix has already been examined before the trial court. Now there is no possibility of influencing of prosecution witnesses and tempering with the prosecution evidence. Applicant is first offender. Final conclusion of the trial will take considerable time. Therefore, having taken into consideration all the facts and circumstances of the case but without expressing anything on the merits of the case, I deem it a fit case for grant of bail. Consequently, this bail application under Section 439 of Cr.P.C., 1973/483 of BNSS, 2023 for grant of bail filed on behalf of applicant, stands allowed. 6 . It is directed that applicant - Arsh Qureshi be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one solvent surety in the like amount to the satisfaction of the trial Court, for his regular appearance before the trial Court during trial with a condition that he shall remain present before the concerned Court on all the dates fixed by it during trial. He shall abide by all the conditions enumerated under Section 437(3) of Cr.P.C., 1973 [Section 480(3) of BNSS, 2023].
Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 2/14/2025 11:32:18 AMNEUTRAL CITATION NO. 2025:MPHC-JBP:6837 3 MCRC-1274-2025 7 . This order shall be effective till the end of the trial. However, in case of bail jump and breach of any of the conditions of bail, it shall become ineffective.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 2/14/2025 11:32:18 AM