Madhya Pradesh High Court
Pankaj Parmar vs The State Of Madhya Pradesh on 8 August, 2017
1 MCrC 7062/2017
M.Cr.C. No. 7062/2017
08.08.2017
Ms. Archana Maheshwari, learned counsel for the
petitioner.
Shri Mukesh Parwal, learned Public Prosecutor.
ORDER
This is an application under Section 439 Cr.P.C. by petitioner - Pankaj Parmar, who has been arrested by police on 10.5.2017 in Crime No.161/2017 of Police Station Central Kotwali, Mhow, District Indore concerning offence under Section 376(2)(n) and 504 of the IPC.
2. Heard the learned counsel for the parties and perused the case diary.
3. Allegedly, the prosecutrix, aged about 22 years, who was already married to one Abhishek and was having matrimonial discard with him, was persuaded by the petitioner to join his company. It is further the allegation that gradually, petitioner developed intimacy and thereafter he proposed her to marry to which she agreed. The further allegation is that the petitioner solemnised marriage in a temple. Later on, the petitioner resiled from the promise to marry.
4 It is submitted by the learned counsel for the petitioner that the prosecutrix is a major lady and that, she voluntarily agreed to have physical relationship with the 2 MCrC 7062/2017 petitioner. It is further submitted that it cannot be said that the prosecutrix was in any manner defrauded or that she was made to agree on the basis of false representation. Lastly, it is submitted that there is no apprehension of petitioner's running away from the course of justice, if released on bail.
5. Though, prayer for bail is opposed by the learned Public Prosecutor, however, considering the nature of allegations and the quality of material to support the same, it would be appropriate to enlarge the petitioner on bail.
6. Accordingly, the petition is hereby allowed and it is directed that on furnishing personal bond by the petitioner in the sum of Rs.40,000/- (Rupees Forty Thousand only), with one solvent surety in the like amount to the satisfaction of concerned Chief Judicial Magistrate/Judicial Magistrate, First Class, he shall be released on bail, subject to the condition that he shall make himself available to the Police, as and when required during the investigation and will also remain present before the trial Court as and when directed in that behalf.
C.C. as per rules.
( VED PRAKASH SHARMA ) JUDGE Alok/-