Abdul Wahid vs The State Of Madhya Pradesh
2021 Latest Caselaw 2680 MP

                                                                  1                              MCRC-20095-2021
                                        The High Court Of Madhya Pradesh
                                                  MCRC-20095-2021
                                                  (ABDUL WAHID Vs THE STATE OF MADHYA PRADESH)

                                 8
                                 Jabalpur, Dated : 24-06-2021
                                       Heard through Video Conferencing.

                                       Mr.Ankit Saxena, Advocate for the applicant.
                                       Mr.S.K.Malvi, Panel Lawyer for the respondent/State.

Mr.Bhaskar Pandey, Advocate for the complainant.

Heard.

This is the first bail application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with C r i me No.216/2021 registered at Police Station Kamla Nagar District Bhopal, for the offence punishable under Sections 376(2)(N), 506 & 405 of IPC and Section 3/5 of Dharam Swatantra Ordinance/Adhiniyam.

Learned counsel for the applicant submits that the complainant- prosecutrix is in the habit of making false complaints and in that pursuit, a false complaint has been made against the present applicant just to extract the money from him. He has drawn attention of this Court towards the FIR lodged by the prosecutrix in the year 2013 against one Rajeev Patel and after the trial, said accused has been acquitted vide judgment dated 05/07/2014. The Court has also initiated proceeding under Section 340 of Cr.P.C against the prosecutrix for making frivolous complaints by implicating different persons in false case. He has also drawn attention towards the FIR Signature Not Verified SAN got registered in the year 2017 by the complainant against one Pawan Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.06.25 17:47:49 IST 2 MCRC-20095-2021 Diwakar for the offence punishable under Section 294, 506 and 507 of IPC. In that case, the prosecutrix had informed the police that the incident occurred before one Thakur Singh and Pinky. He submits that Thakur Singh and Pinky are the witnesses in the present case and according to the applicant the prosecutrix is habitual in making false

complaints against the persons and implicating them in a false case just to extract money from them. He further submits that he has made a complaint to DIG on 17/03/2021 just five days before the date of lodging present FIR. He also submits that prosecutrix is aged about 40 years and present applicant is about 30 years and he has been implicated by the prosecutrix for extracting money.

Learned counsel for the complainant opposes the application and submits that FIR in the year 2013 was made by the prosecutrix against a person with whom she had a love-affair, but she was defrauded by him as he gave false assurance of marriage but did not marry with her, therefore, the complaint was made. He further submits that FIR (Annexure-A/4) of the year 2017 is of some other offences not related with the rape or physical relation. He submits that present applicant has made physical relations with the prosecutrix giving assurance of marriage and asking her to change her religion so that they can enter into the marriage. He submits that applicant is already a married person and in the application submitted for marriage he has disclosed this fact that he is going to perform a second marriage.

Learned counsel for the State has supported the submissions made by learned counsel for the complainant and submits that in view

Signature Not Verified of the allegations made against the present applicant, he is not entitled SAN

Digitally signed by SMT SUSHMA KUSHWAHA Date: 2021.06.25 17:47:49 IST 3 MCRC-20095-2021 to be released on bail.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the case, 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 the Station House Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under 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: 2021.06.25 17:47:49 IST