Madhya Pradesh High Court
Radheshyam Sahu vs The State Of Madhya Pradesh on 14 May, 2025
Author: Dinesh Kumar Paliwal
Bench: Dinesh Kumar Paliwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:23175
1 MCRC-19178-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL
ON THE 14 th OF MAY, 2025
MISC. CRIMINAL CASE No. 19178 of 2025
RADHESHYAM SAHU
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rakesh Dwivedi, counsel for the applicant.
Smt. Samta Jain, G.A. for respondent/State.
Shri A.P. Shah, counsel for the objector.
ORDER
This is the first application filed by the applicant under Section 482 of BNSS, 2023 for grant of anticipatory bail relating to FIR No.157/2025, dated 18.04.2025, registered at Police Station Jiyawan, District Singrauli (M.P.) for commission of offence under Sections 69 and 351(3) of BNS, 2023. Applicant apprehending his arrest in the aforesaid offence has knocked at the portal of this Court for grant of anticipatory bail.
2. As per the prosecution story, on 18.04.2025, 21 years old prosecutrix submitted an application in writing before the Police Jiyawan stating that she knew Radheshyam as he is her neighbour. He has lost his wife. It is alleged that on 26.1.2025, Radheshyam called her in his friend Prakash's room at Deosar and consensually established physical relations and told that he will enter into wedlock with her. Thereafter, they repeatedly established physical relations. She disclosed their relationship to her parents. When her parents talked with parents of Radheshyam, they refused to perform marriage of Radheshyam with her. On Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/14/2025 7:07:12 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:23175 2 MCRC-19178-2025 15.04.2025, Radheshyam committed rape upon her and refused to marry with her. F.I.R was registered.
3 . Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. Prosecutrix and applicant were having love relationship and their marriage had to be settled but they both being of same Gotra, marriage between them is not possible. Therefore, applicant's parents refused for marriage. Learned counsel has drawn attention of the court towards the affidavit dated 06.03.2025 sworn by father of the prosecutrix in which it is deposed that a false F.I.R has been lodged and now they have settled the matter. On the aforesaid pretext, it is prayed that the applicant may be released on bail.
4. On the other hand, learned counsel for the State has opposed the prayer for grant of anticipatory bail to the applicant.
5. However, learned counsel for the victim has submitted that parties have settled the matter. Therefore, prosecutrix has no objection if applicant is released on anticipatory bail.
6. Having taken into consideration the submissions putforth by learned counsel for the parties and all other facts and circumstances of the case, but without expressing any opinion on the merit of the case, I deem it a fit case for grant of anticipatory bail. Consequently, this anticipatory bail application under Section 482 of BNSS, 2023 filed on behalf of applicant stands allowed.
7. It is directed that in the event of arrest applicant - Radheshyam Sahu be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority. At stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court to Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/14/2025 7:07:12 PM NEUTRAL CITATION NO. 2025:MPHC-JBP:23175 3 MCRC-19178-2025 its satisfaction subject to following conditions:-
(i) Applicant, if he is not arrested within seven working days from today by the police, he himself shall surrender before the Investigation Officer of the case within ten working days from today and shall extend full cooperation in investigation, failing which this order shall become ineffective.
(ii) Applicant shall make himself available for interrogation by a police officer as and when required;
(iii) Applicant is directed to join investigation, then and there;
(iv) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer.
8. However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicant as per law.
Certified copy as per rules.
(DINESH KUMAR PALIWAL) JUDGE MKL Signature Not Verified Signed by: MANOJ KUMAR LALWANI Signing time: 5/14/2025 7:07:12 PM