Subhash Raghuwanshi vs The State Of Madhya Pradesh
2021 Latest Caselaw 6521 MP

                                   1                          MCRC-46553-2021
        The High Court Of Madhya Pradesh
                  MCRC-46553-2021
              (SUBHASH RAGHUWANSHI Vs THE STATE OF MADHYA PRADESH)


Gwalior, Dated : 08-10-2021
      Heard through Video Conferencing.

      Shri Rajmani Bansal, learned counsel for the petitioner.
      Shri B.S. Gour, learned Panel Lawyer for the respondent-State.

This is first application under Section 439 of CrPC for grant of bail. The applicant is in custody since 14/8/2021 in connection with Crime

No.447/2021 registered at Police Station Aron, District Guna for offence under Sections 376 (2) (n), 366, 343, 323 and 506 of IPC.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated. He has not committed any offence in any manner. Victim was having physical relations with the applicant since year 2018 and has never objected to the same. She is a major and was well aware of the consequences. She out of her own will has developed physical relations with the applicant but later on when the applicant refused to marry her, she has lodged the complaint against present applicant. It is pointed out that initially,

no such allegations had been made while reporting the matter to the police authorities but when the statement under Section 164 of CrPC was recorded, she has exaggerated from her earlier statement and has developed a new story thereto implicate the present applicant. It is further submitted that as the charge-sheet has been filed, therefore, there is no further requirement of custodial interrogation of the present applicant. He also placed reliance upon the judgment passed by the Supreme Court in the case of Pramod Suryabhan Pawar vs. State of Maharashtra and Ors. reported in (2019) Cr.L.R. SC 961 wherein under similar circumstances the Supreme Court has quashed the proceedings of the FIR. The applicant is ready to abide by all the terms and conditions as may be imposed by this Court. On these grounds, he prayed for grant of bail.

Counsel appearing for the State has opposed the application stating 2 MCRC-46553-2021 that the applicant has actively participated in the commission of offence. It is argued that the victim was kept under illegal confinement from 05/7/2021 to 09/7/2021 and was subjected to rape giving threatening of viralling the photographs which has been taken by the present applicant, therefore, to show the involvement of the applicant in commission of offence.

Counsel appearing for the applicant submits that even after knowing that the applicant is not in a position to marry her, thereafter also, she has developed physical relations with the present applicant.

Heard learned counsel for the parties and perused the case diary. No justification with respect to illegal confinement of the victim from 05/7/2021 to 09/7/2021 and thereafter, subjecting her to rape could be explained by the applicant.

Under such circumstances, looking to the custody period of the applicant, this Court is not inclined to grant bail to the application.

Hence, the application is rejected.

RAM KUMAR                                                               (VISHAL MISHRA)
SHARMA
2021.10.08
                                                                             JUDGE
18:25:09
+05'30'

             AKS