Rahul Sahu vs The State Of Madhya Pradesh
2021 Latest Caselaw 2007 MP

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        HIGH COURT OF MADHYA PRADESH

               Criminal Appeal No. 2207/2021

                    (Rahul Sahu Vs. State of MP)


Jabalpur, Dated : 21.05.2021

      Shri Manish Datt, learned senior counsel with Shri
Siddharth Datt, Advocate for the appellant.
      Shri Puneet Shroti, learned Panel Lawyer for the
respondent/State.

Shri Devesh Sakalkar, learned counsel for the objector. Heard through Video Conferencing.

This is the first criminal appeal filed by the appellant under Section 14-A of the SC/ST (Prevention of Atrocities) Act against the impugned order dated 22.3.2021 passed by the Special Judge, Jabalpur, whereby the Court below has dismissed the application filed by the appellant.

The appellant is in custody since 17.3.2021 in connection with Crime No.116/2021 registered at Police Station Madan Mahal, District Jabalpur (M.P.) for the offences punishable under Sections 376, 376(2)(n), 506 of IPC and Sections 3(2)(v), 3(1)(w)

(i) and 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) Act, 1989.

As per the prosecution, the prosecutrix who is at present 25 years of age lodged the complaint that she is in relationship with the present applicant since 17.5.2017 and during this period of time he has physical relationship with her on the pretext of false

assurance of marriage. He ultimately refused to marry her, hence present complaint was filed.

Learned counsel for the applicant submits that the applicant and the prosecutrix are both major and they had physical relationship, which cannot be termed as rape. In support of his contention learned counsel for the applicant has relied upon the judgments of the Hon'ble Apex Court in the case of Maheshwar Tigga Vs. State of Jharkhan, reported in Criminal Appeal No.635/2020, Shivashankar @ Shiva Vs. State of Karnataka and another, reported in 2018 (3) All Cri.LR 87(SC) and in the case of Dhruvaram Mulidhar Sonar Vs. State of Maharashtra, reported in AIR 2019 SC 327.

Learned counsel for the objector has vehemently opposed the bail application.

Learned counsel for the State though has opposed the bail application but has fairly submitted that the present applicant has no criminal antecedent recorded against him.

Considering the fact that the prosecutrix and the applicant are both major and the prosecurtrix continued in relationship with the applicant for last more than five years, the physical act committed between them cannot be termed as rape in the facts and circumstances of the case, this criminal appeal is allowed.

It is directed that appellant Rahul Sahu shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety of the like amount to the satisfaction of the concerned trial Court for his presence before

the said Court on all the dates of hearing fixed in this regard during the trial.

This order will remain operative subject to compliance of the following conditions :-

"1. The appellant will comply with all the terms and conditions of the bond executed by him;

2. The appellant will cooperate in the investigation/trial, as the case may be;

3. The appellant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The appellant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automactically without reference to the Bench;

5. The appellant will not seek unnecessary adjournments during the trial;

6. The appellant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and

7. The learned concerned Magistrate and the prosecution are directed to ensure following of Covid-19 precautionary protocol prescribed from time to time by the Supreme Court, the Central Govt. and as well as the State Govt."

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to the learned Panel Lawyer, on their respective email addresses, for intimation to the

police station concerned. The office is also directed to forward a copy of this order to the learned court below.

Certified copy/e-copy as per rules/directions.

                                                         (Nandita Dubey)
Digitally signed by MANJOOR                                   V. Judge
AHMEDAnsari
Date: 2021.05.21 17:13:12
+05'30'