Ashish Kumar Mishra @ Shivam Mishra vs The State Of Madhya Pradesh on 19 May, 2022

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Madhya Pradesh High Court

Ashish Kumar Mishra @ Shivam Mishra vs The State Of Madhya Pradesh on 19 May, 2022

Bench: Sanjay Dwivedi

                                   1
             IN THE HIGH COURT OF MADHYA PRADESH
                          AT JABALPUR
                                BEFORE
                  HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                            ON THE 19th OF MAY, 2022

               MISC. CRIMINAL CASE No. 23847 of 2022

        Between:-
        ASHISH KUMAR MISHRA @ SHIVAM MISHRA
        S/O SHRI CHANDRA PRATAP MISHRA , AGED
        ABOUT 25 YEARS, OCCUPATION: PRIVATE
        SERVICE VILLAGE BAGAIHYA P.S. JAMODI,
        DISTRICT SIDHI (MADHYA PRADESH)

                                                                  .....APPLICANT
        (BY MR. RAKESH DWIVEDI, ADVOCATE )

        AND

        THE STATE OF MADHYA PRADESH THROUGH
        STATION HOUSE OFFICER P.S. MAHILA THANA
        SIDHI (MADHYA PRADESH)

                                                               .....RESPONDENT
        (BY MR. C.M. TIWARI, GOVERNMENT ADVOCATE)
        (OBJECTOR BY MR. AMILESH CHATURVEDI, ADVOCATE)

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

This first application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in connection with Crime No.09/2022 registered at Police Station Mahila Thana, District Sidhi, for the offence punishable under Sections 376(2)(N) and 506/34 of the Indian Penal Code.

Learned counsel for the applicant submits that the applicant is in jail since 22.04.2022. He submits that as per the case of prosecution, the applicant after giving false assurance of marriage to the prosecutrix, developed physical 2 relation with her and thereafter refused to enter into marriage with her and as such, on the complaint made by the prosecutrix, the applicant has been made an accused. He submits that it was a case of consent and the applicant has falsely been implicated in the alleged offence. He submits that since the prosecutrix is a married lady, therefore, no question for giving any false assurance of marriage arises. He submits that the prosecutrix in some other offence was an accused and remained in jail and now she is using the blackmailing tactics against the applicant. On these submissions, he prays that the applicant may be enlarged on bail.

On the other hand, learned Government Advocate has opposed the prayer of bail.

Learned counsel for the objector has also opposed the prayer of bail and submitted that considering the nature of offence, the applicant is not entitled to be released on bail.

Considering the arguments advanced by learned counsel for the parties and on perusal of case diary, I am inclined to enlarge the applicant on bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

It is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

(SANJAY DWIVEDI) V. JUDGE Devashish DEVASHISH MISHRA 2022.05.19 19:03:27 +05'30'

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