Madhya Pradesh High Court
Rohit Tripathi vs The State Of Madhya Pradesh on 14 May, 2018
1
HIGH COURT OF MADHYA PRADESH:JABALPUR
MCRC No.17516/2018
(Rohit Tripathi Vs. State of MP)
Dated: 14.05.2018
Shri Parag S. Chaturvedi, learned counsel for
the applicant.
Shri Narendra Chourasiya, learned Dy. Govt.
Advocate for the respondent/State.
Heard and perused the case diary.
This is the first application filed under Section 438 of Cr.P.C. filed by applicant Rohit Tripathi, who is apprehending his arrest in connection with Crime No.169/2018 registered at Police Station Govindpura District Bhopal for the offences punishable under Sections 294, 323, 506(2), 376 of IPC.
The prosecution story, in short, is that the applicant and the prosecutrix were pursuing their studies in the OGLEY Institute of MPPSC and UPSC, MP Nagar, Bhopal in the year 2015 where both of them first got acquainted, which resulted into intimate relationship. However, subsequently an FIR has been lodged by the prosecutrix on 11.4.2018 alleging that the applicant had sexual intercourse with her, as the applicant used to come to her house in the absence of her husband and one such day he threatened and raped her. He also raped her at Indore in the month of December, 2017 where she had gone only after the applicant's threat that if she does not come, he would inform her husband and would also show 2 her recordings to him. Hence she has lodged the FIR.
Learned counsel for the applicant has submitted that the applicant is a bright student having passed M.Tech from Rajiv Gandhi Technical University (RGTU), Bhopal and was pursuing his career by preparing for PSC examination for which he had joined OGLEY Institute, Bhopal, where he came into with the prosecutrix, who was elder than him and who also lured him into physical relationship and used to send obscene messages on his facebook/Whatsapp The text of such messages is also filed on record to substantiate the aforesaid fact. It is further submitted that the prosecutrix coerced the applicant into the relationship despite knowing well that the applicant cannot marry with her, as she was already married.
It is further submitted by the learned counsel for the applicant has further submitted that the prosecutrix on her own will had come to Indore on the pretext and after she changed her centre from Bhopal to Indore for examination of Patwari recruitment test, 2017, as the applicant was also giving his examination from Indore. It is further submitted that if the applicant is arrested, his entire life as well as career would be spoiled, despite the fact that he is a well educated person and has nothing to do with the alleged offence. In support of his contention, learned counsel for the applicant has relied upon the judgment of the 3 Hon'ble Apex Court in the case of Deepak Gulati Vs. State of Haryana, reported in (2013) 7 SCC 675.
On the other hand, learned counsel for the State has opposed the application and has submitted that the prosecutrix was a married woman and there was no reason for her to falsely implicate the applicant.
Having heard the learned counsel for the parties and perused the case diary, this Court finds that the applicant and the prosecutrix had joined the OGLEY Institute of MPPSC and UPSC, MP Nagar, Bhopal, where they came to know each other. In the statement of the prosecutrix recorded under Section 164 of Cr.P.C., she has stated that the applicant used to lure her and ultimately called her to Indore and also raped her. She has also stated that because of this relation, her divorce with her husband is imminent and when she asked the applicant to accept her, he simply refused. The applicant has also filed the text of various facebook/Whatsapp messages on record, which took place between the applicant and the prosecutrix. Considering the overall facts and circumstances of the case, specially in the light of the judgment of Hon'ble Apex Court in the case of Deepak Gulati (supra), this Court satisfies that prima facie the applicant has made out a case for grant of anticipatory bail. Thus, without expressing any opinion on the merits of the case, the application filed by applicant Rohit 4 Tripathi under Section 438 of Cr.P.C. is hereby allowed.
It is directed that in the event of his arrest, present applicant namely Rohit Tripathi shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees one lakh only) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation Officer). The applicant shall further abide by the other conditions enumerated in sub- Section (2) of Section 438 of Cr.P.C.
(Subodh Abhyankar) Digitally signed by MANZOOR AHMED Judge Date: 2018.05.16 15:19:04 +05'30' Ansari.