Rajkumar Bais vs The State Of Madhya Pradesh
2021 Latest Caselaw 7835 MP

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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-56756/2021
               Rajkumar Bais Vs. State of M.P.

Gwalior, Dated : 25/11/2021

      Shri Suresh Agrawal, Counsel for applicant.

      Shri Vijay Sundaram, Counsel for State.

      Case diary is available.

      This is first application filed under Section 439 of Cr.P.C. for

grant of bail.

      The applicant has been arrested on 27.10.2021 in connection

with Crime No.606/2021 registered by Police Station - P.S. Kotwali,

District Shivpuri, for offence punishable under Sections 376 (2) (n)

(a) and 506 (B) of IPC.

      It is submitted by Counsel for the applicant that applicant has

been arrested on the allegation of rape on the pretext of false promise

of marriage. It appears that there was some misunderstanding

between the applicant and prosecutrix. Now the confusion has been

removed and the applicant has agreed to marry the prosecutrix.

      This Court by order dated 23.11.2021 had directed the

prosecutrix to remain present on the next date of hearing.

Accordingly, the prosecutrix is present and she has been identified by

Shri Rajesh Sharma, Advocate. The prosecutrix has filed an affidavit

thereby making a statement that now the applicant has agreed to

marry her, therefore, in case if the bail is granted to the applicant, then

she does not have any objection.
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          THE HIGH COURT OF MADHYA PRADESH
                    MCRC-56756/2021
               Rajkumar Bais Vs. State of M.P.

      Per contra, the application is opposed by Counsel for the

respondent/State.

Heard the learned Counsel for the parties.

From the rejection order, it appears that the prosecutrix has

lodged a report to the effect that when she requested the applicant to

marry her, then he refused to do so and also extended a threat that in

case if she lodges a complaint, then he would kill her and her

children. Thus, it is clear that the prosecutrix appears to be married.

Prosecutrix has not pointed out as to whether she is married and if so,

then whether her marital ties with her husband have been broken or

not. If the prosecutrix is already married and her first marriage is still

subsisting, then she was certainly aware of the fact that her second

marriage during subsistence of first marriage is not possible and if the

first marital ties have been severed, then she has filed an affidavit

that she has no objection if bail is granted to the applicant.

Be that whatever it may.

Considering the totality of the facts and circumstances of the

case, this Court is of the considered opinion that it is a fit case for

grant of bail.

Accordingly, 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/-

THE HIGH COURT OF MADHYA PRADESH MCRC-56756/2021 Rajkumar Bais Vs. State of M.P.

(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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

Certified copy as per rule.

(G.S. Ahluwalia) Judge

Arun* ARUN KUMAR MISHRA 2021.11.26 16:11:17 +05'30'