Abhishek Dubey vs The State Of Madhya Pradesh on 23 August, 2023

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Madhya Pradesh High Court

Abhishek Dubey vs The State Of Madhya Pradesh on 23 August, 2023

Bench: Anuradha Shukla

                                   1
 IN     THE       HIGH COURT OF MADHYA PRADESH
                       AT JABALPUR
                            BEFORE
             HON'BLE SMT. JUSTICE ANURADHA SHUKLA
                     ON THE 23 rd OF AUGUST, 2023
               MISC. CRIMINAL CASE No. 36260 of 2023

BETWEEN:-
ABHISHEK DUBEY S/O LATE SHRI PURAN LAL DUBEY,
AGED ABOUT 30 YEARS, OCCUPATION: PRIVATE NOKRI
RESIDENT   OF    GRAM     AMAHINOTA      THANA
BHEDAGHAT DISTT. JABALPUR (MADHYA PRADESH)

                                                                 .....APPLICANT
(BY SHRI PRASHANT DUBEY - ADVOCATE)

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION BHEDAGHAT DISTRICT JABALPUR (MADHYA
PRADESH)

                                                               .....RESPONDENT
(BY SMT. RANJANA AGNIHOTRI - DEPUTY GOVERNMENT ADVOCATE)

      This application coming on for admission this day, the court passed the
following:
                                    ORDER

This is first application under Section 439 of the Code of Criminal Procedure 1973 for grant of bail filed on behalf of the applicant who has been arrested relating to FIR/Crime No.301/2023 dated 07.06.2023 registered at Police Station Bhedaghat, district Jabalpur, for the offences punishable under Sections 376, 376(2)(n) and 506 of IPC.

Learned counsel for the applicant submits that the applicant is in custody since 07.06.2023 and the trial will take considerable time to conclude. He further submits that the applicant is innocent and has falsely been implicated in the 2 case. The applicant is a permanent resident of district Jabalpur and is ready to furnish adequate surety and shall abide by all the conditions to be imposed by the Court. Upon these grounds, it is prayed that the applicant be released on bail.

On the other hand, learned counsel for the State opposes the bail application.

Heard learned counsel for the parties and perused the case diary. I n this case, the prosecutrix is major and a married woman who accompanied the applicant to a hotel where they had sexual relationship. It is claimed by her that by giving false promise of marriage, the applicant had physical relationships with her for about 9-10 times.

Looking to the facts and circumstances of the case and also the consent of prosecutrix despite being a married woman, this Court deems it fit to release the applicant on bail, therefore, without commenting on the merits of the case, this application is allowed.

It is directed that the applicant shall be released on bail upon 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 concerned for his appearance before the said Court on all such dates as may be fixed in this regard during pendency of the trial.

It is further directed that the applicant shall comply with the provisions of Section 437(3) of the Cr.P.C.

Accordingly, this M.Cr.C. stands allowed and disposed of.





 Digitally signed by PRASHANT SHRIVASTAVA                 (ANURADHA SHUKLA)
 Date: 2023.08.24 10:31:38 +05'30'
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