Madhya Pradesh High Court
Umesh Puri vs The State Of Madhya Pradesh on 26 November, 2021
Author: Gurpal Singh Ahluwalia
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.57989/2021
Umesh Puri Vs. State of MP
Gwalior, Dated: 26-11-2021
Shri Sanjeev Agarwal, Counsel for the applicant.
Shri Abhishek Sharma, Counsel for the State.
Case diary is available.
This fourth application under Section 439 of Cr.P.C. has been
filed for grant of bail. Previous bail application was dismissed by
order dated 28.6.2021 passed in 30763/2021.
The applicant has been arrested on 15.05.2021 in connection
with Crime No.144/2020 registered at Police Station Pichore Distt.
Shivpuri for offence under Section 376 of IPC.
It is submitted by the counsel for the applicant that previous
bail application was dismissed by order dated 28.6.2021 passed in
30763/2021 with liberty to revive the prayer after examination of the
prosecutrix. The prosecutrix has been examined on 13.11.2021 and
she has specifically stated that she was in love with the applicant and
they had consensual sex on various occasions. Even on the date of
incident she had a consensual sex with the applicant and since her
parents came to know about the said fact, therefore, the FIR was
lodged. It is submitted that presence of non-interpretable very low
male DNA as per the DNA test report is of no use as the prosecutrix
herself was the consenting party and undisputedly she is major. The
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.57989/2021
Umesh Puri Vs. State of MP
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 State.
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) 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
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)
Judge
ar
ABDUR
Digitally signed by ABDUR RAHMAN
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH
GWALIOR, postalCode=474001, st=Madhya Pradesh,
2.5.4.20=d604b5a66b413c436e6af99c6fe547304e1bc26d2b510c
RAHMAN
c133f1b56faa63e77b,
pseudonym=352E5BC6169A1C65270B76C8214AD91A9A2E28EB,
serialNumber=1B0EA1B496C965067285A628B81AE07B60D3420
48B7853E6108263F1DDCC0F50, cn=ABDUR RAHMAN
Date: 2021.11.26 15:32:31 -08'00'
