Ajay vs The State Of Madhya Pradesh
2021 Latest Caselaw 1126 MP

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THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                MCRC.No.12016/2021
                 (Ajay vs. State of MP )

Indore, dated :26.03.2021

         Shri Manish Vijayvargiya, learned counsel for the applicant.
         Shri Sameer Verma, learned Public Prosecutor for the non-applicant -
State.
         Heard. Perused the case diary.
         This is first application filed under Section 438 of Cr. P.C. for grant
of anticipatory bail. Applicant - Ajay S/o Omprakash Meena is
apprehending his arrest in connection with Crime No.69/2021 registered at
Police Station Pachore, District Rajgarh for the offence punishable under
Sections 376,376(2)(N) 342 and 506 of IPC.
         As per prosecution story, the prosecutrix resident of Alwar, Rajasthan
lodged a written complaint against the applicant in which it has been stated
that the prosecutrix and the applicant used to study together in the same
college and the applicant had promised to marry her and was physically
exploiting her for a period of seven years and on 28.1.2021, he called her
and tied her hands and legs and again made physical relations with her and
she freed herself and was later on threatened by the applicant and at the
same time promised that he would marry her. However, written complaint
was filed on 12.2.2021.
         Learned counsel for the applicant submitted that the complainant is
habitual in lodging similar complaints against other persons. He has also
pointed out to an FIR lodged against namely another person Monesh Mishra
of Jaipur making allegation regarding rape against her pursuant to which
FIR No.353/2016 was registered and Judgment of acquittal was later on
pronounced. Copy of which is placed on record. Further she has made
allegations against one Kapil Sharma regarding similar offence and also
later on against Dr. Anurag Sharma, who was the treating doctor of the
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THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
                MCRC.No.12016/2021
                 (Ajay vs. State of MP )

prosecutrix, who had got injured after a fall from third floor.
      Learned counsel for the applicant points out that in view of such
background of the prosecutrix and also considering the fact that the
prosecutrix herself has stated that she was physically involved with the
applicant for a period of seven years, it cannot be considered to be a
plausible incident that after seven years the applicant would tie the hands
and legs of the prosecutrix and subject her to physical intercourse and on
these ground, anticipatory bail has been sought.
      Learned Public Prosecutor for the State was also heard who has
opposed the anticipatory bail application and pointed out to the statement of
the prosecutrix recorded under Section 164 of Cr.P.C and submits that the
anticipatory bail application be rejected..
      Considered.
      On due consideration of the aforesaid submissions, mainly those
advanced by counsel for the applicant and after duly perusing the
documents available on record and also considering the sequence of
incidences in the written complaints, despite the fact that the provision of
anticipatory bail is an extraordinary remedy; however in view of the
aforesaid discussions, without commenting upon the merits of the case, this
application for grant of anticipatory bail is allowed. It is directed that in the
event of arrest, the applicant - Ajay S/o Om Prakash Meena shall be
released by the Arresting Officer, subject to his furnishing a personal bond
in the sum of Rs.50,000/- (Rupees Fifty thousand only) with one local
surety of like amount to the satisfaction of the Arresting Officer, subject to
abiding the conditions enumerated under Section 438 (2) of the Cr.P.C. and
he shall give due assistance to the Investigating Officer in the matter. In the
event of arrest, the applicant shall appear before the Investigating Officer on
1.

4.2021 and on all other subsequent dates, as may be fixed by the

THE HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE MCRC.No.12016/2021 (Ajay vs. State of MP )

Investigating Officer from time to time.

M.Cr.C. No.12016/2021 is allowed and stands disposed of. Certified copy as per rules.

                                           (Shailendra Shukla)
                                                   Judge
das        Digitally signed
           by REENA
           PARTHO SARKAR
           Date: 2021.03.26
           17:38:26 +05'30'