Madhya Pradesh High Court
Vikas Inwati vs The State Of Madhya Pradesh on 7 May, 2021
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1 MCRC-20313-2021
The High Court Of Madhya Pradesh
MCRC-20313-2021
(VIKAS INWATI Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 07-05-2021
Heard through Video Conferencing.
Shri Anil Khare, learned senior counsel with Shri Sourabh
Tiwari, learned counsel for the applicant.
Shri Pradeep Sahu, learned Panel Lawyer for the
respondent/State.
Heard.
This is the first application on behalf of the applicant under Section 438 o f the Code of Criminal Procedure for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with Crime No.96/2021 registered at Police Station Paali District Umaria, for the offence punishable under Section 376(2)(n) & 506 of IPC.
Learned counsel for the applicant submits that there was love affair between the applicant and the prosecutrix and he never made any promise to marry but physical relation was developed with the consent of the prosecutrix between them. He submits that as per the case of the prosecution and statement of the prosecutrix physical relation was developed first time on 19/05/19 which was continued till 04/12/2020 and FIR has been lodged on 11/02/2021. He submits that prosecutrix has not given any explanation for delay in lodging the FIR and whatever explanation is given that cannot be accepted. He further submits that the prosecturix was already married and has filed a divorce case before the Family Court, Katni but this fact that never Signature Not Verified SAN been disclosed to the applicant. He submits that as such the case has Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.05.07 17:58:28 IST 2 MCRC-20313-2021 been founded on a false footing that applicant has given promise for marriage with the prosecutrix. Infact, prosecutrix was not eligible to get married to the applicant because she was a married lady.
On the other hand, learned Panel Lawyer has opposed the bail application and submits that there are enough material available on record which indicates that the applicant has admitted the relation with the prosecutrix, he also wanted to marry with her and physical relation was also developed between them but lastly he denied to marry with the prosecutrix, therefore, FIR was lodged.
Considering the aforesaid, without commenting anything on the merits, I am inclined to consider and allow this bail application. Accordingly, the same is allowed.
It is directed that in the event of arrest, the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety of the like amount to the satisfaction of Station House Officer/Arresting Officer of the Police Station concerned.
The applicant shall also abide the conditions enumerated in Section 438(2) of the Code of Criminal Procedure.
Certified copy as per rules.
(SANJAY DWIVEDI) JUDGE Sushma Signature Not Verified SAN Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.05.07 17:58:28 IST