Arvind vs The State Of Madhya Pradesh
2021 Latest Caselaw 8169 MP

                            1
         THE HIGH COURT OF MADHYA PRADESH
                  MCRC No.56973/2021
                 Arvind vs. State of M.P.

Gwalior, Dated :03/12/2021

       Shri D.S. Rathore, Counsel for the applicant.

       Shri   Rajeev       Upadhyay,   Public   Prosecutor   for   the

respondent/State.

Case diary is available.

This first application under Section 439 of Cr.P.C. has been

filed for grant of bail.

The applicant has been arrested on 11.10.2021 in connection

with Crime No.470/2021 registered at Police Station Maharajpura,

District Gwalior for offence under Sections 376(D), 506, 507, 34 of

IPC.

It is submitted by the counsel for the applicant that the

incident is alleged to have taken place on 11.1.2020 whereas the

FIR was lodged on 27.7.2021. The only reason which has been

assigned by the prosecutrix for the delay in lodging the FIR is that

the applicant and the co-accused had threatened the prosecutrix. It

is submitted that this reason assigned by the prosecutrix is false

because the prosecutrix herself had lodged another FIR No.88/2020

in Police Station Maharajpura, District Gwalior against the

applicant on 14.2.2020 alleging the outraging of her modesty. If the

prosecutrix can lodge a FIR against the applicant in respect of

THE HIGH COURT OF MADHYA PRADESH MCRC No.56973/2021 Arvind vs. State of M.P.

offence which was allegedly taken place subsequent to the offence

of rape, then there was no reason for her to disclose this fact also at

the time of lodging of FIR in Crime No.88/2020. The applicant is

ready and willing to abide by any stringent condition which may be

imposed by the Court. The trial is likely to take sufficiently long

time and there is no possibility of his absconding or tampering with

the prosecution case.

Per contra, the application is vehemently opposed by the

counsel for the respondent/State. However, it is fairly conceded that

the FIR was lodged after one year and six months.

Considering the facts and circumstances of the case, without

commenting on the merits of the case, the application is allowed. It

is directed that the applicant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)

with one surety in the like amount to the satisfaction of the Trial

Court/Committal Court to appear before the Court on the dates

given by the concerned Court.

This order shall remain effective till the end of trial but in

case of bail jump, it shall become ineffective.

In the light of the judgment passed by the Supreme Court in

the case of Aparna Bhat and others Vs. State of M.P. Passed on

THE HIGH COURT OF MADHYA PRADESH MCRC No.56973/2021 Arvind vs. State of M.P.

18.03.2021 in Criminal Appeal No. 329/2021, the intimation

regarding grant of bail be sent to the complainant.

Certified copy as per rules.

                                                               (G.S. Ahluwalia)
(alok)                                                               Judge




ALOK KUMAR
2021.12.03 17:10:31 +05'30'