Dushyant Singh @ Golu Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 6777 MP

                                                                     1                           MCRC-42615-2021
                                           The High Court Of Madhya Pradesh
                                                     MCRC-42615-2021
                                             (DUSHYANT SINGH @ GOLU SINGH Vs THE STATE OF MADHYA PRADESH)


                                   Jabalpur, Dated : 25-10-2021
                                           Shri Manish Datt, learned Senior Counsel with Shri Nishank Pal Varma,
                                   counsel for the applicant.
                                           Shri Devendra Shukla, learned PL for the respondent/State.

Shri Surendra Singh, learned Senior Counsel with Shri Ashwani Kumar Dubey.

Heard with the aid of case diary.

This is the first application filed under Section 439 of the Cr.P.C. for grant of bail. Applicant Dushyant Singh @ Golu Singh was arrested on 27/7/2021 in connection with Crime No.19/2021 registered at Police Station Mahila Thana, District Satna M.P. for the offence punishable under Section 376, 376(2)(n) and 506 of the IPC.

As per the prosecution case, prosecutrix came into contact with applicant Dushyant Singh @ Golu Singh in the year 2014 and they became friends. On 09/04/2017 when the prosecutrix went to meet applicant Dushyant Singh @ Golu Singh in a rented room of Dushyant Singh's friend situated at Bank Colony, the applicant made sexual relations with her on the pretext of marriage, thereafter applicant sexually exploited her on the pretext of marriage. On 18/03/2021 applicant called the prosecutrix, and she went to the flat of the applicant located behind Maheshwari Bhoj, Satna, where he again committed sexual intercourse with the prosecutrix on the pretext of marriage and thereafter he denied marrying her and also threatened to kill her that if she lodged the report.

Learned counsel for the applicant submits that the applicant has not committed any offence and has falsely been implicated in the offence. It is further submitted that the prosecutrix was major and made sexual relations with the applicant on her own will. Applicant was earlier ready to marry the prosecutrix. His family members were also ready to solemnize the marriage of the applicant with the prosecutrix. In the year 2021, applicant came to know that on 10/3/2016 prosecutrix’s mother lodged an FIR against one Dhirendra Singh Parihar @ Nitin Parihar alleging that Dhirendra Singh Parihar @ Nitin Parihar used to harass the prosecutrix and on 09/03/2021 he came to her and assaulted her and her daughter, the Prosecutrix. Applicant inquired the prosecutrix regarding that incident. On that prosecutrix got annoyed and lodged a false report against the applicant. He further submitted that it is alleged that applicant made sexual relations with the prosecutrix for the first Signature Not Verified SAN time on 9/4/2017 while the prosecutrix lodged the report on 28/6/2021. There Digitally signed by VARSHA SINGH Date: 2021.10.26 17:27:32 IST 2 MCRC-42615-2021 is no plausible explanation regarding the delay in lodging the FIR. Looking to the facts and circumstances of the case only on the basis that the applicant made sexual relations with the prosecutrix on the pretext of marriage, it cannot be said that applicant had no intention to marry the prosecutrix from the beginning. The applicant has no criminal past, he has been in custody since 27/7/2021, charge-sheet has been filed and the conclusion of the trial will take time, hence pray for the release of the applicant on bail. In this regard, learned counsel placed reliance on the judgment passed by Hon'ble Apex Court in Criminal Appeal No.233/2021 (Sonu @ Subhash Kumar Vs. State of Uttar Pradesh & Anr, decided on 01/03/2021.

Learned counsel for the State as well as objector opposed the prayer and submitted that the applicant made sexual relations with the prosecutrix on the pretext of marriage on many occasions. Applicant and his family members promised to marry prosecutrix and applicant. Thereafter the applicant clearly denied marrying her without any cause. Even on 25/7/2021 at around 8:30 pm, when the prosecutrix was going on her father's scooty she was assaulted by two persons at the behest of the applicant. On that, police registered Crime No.903/2021 against the applicant. He further submitted that no reasonable cause has been shown by the applicant as to why he does not want to marry the prosecutrix after having a relationship with her for so many years. The conduct of the applicant shows that he did not intend to marry the prosecutrix since the beginning, so the applicant should not be released on bail.

In the facts and circumstances of the case whether the intention of the applicant was mala fide right from the inception and that he had made such false promise of marriage from the very beginning in order to lure the victim to have sexual relations with him is a matter of fact which requires evidence to decide and can not be acertained at this stage.

So looking to the facts and circumstances of the case, the contention of learned counsel for the applicant and the fact that the applicant is in custody since 27/7/2021, charge-sheet has been filed and conclusion of trial will take time, without commenting on the merits of the case, the application is allowed and it is directed that the applicant be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with one surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial.

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

1. The applicant will comply with all the terms and conditions of the Signature Not Verified SAN bond executed by him;

Digitally signed by VARSHA SINGH Date: 2021.10.26 17:27:32 IST 3 MCRC-42615-2021

2. The applicant will cooperate in the trial;

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

4. The applicant shall not commit an offence similar to the offence of which he is accused;

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

6. The applicant will not leave India without prior permission of the trial Court.

Certified copy as per rules.

(RAJEEV KUMAR DUBEY) JUDGE

VS

Signature Not Verified SAN

Digitally signed by VARSHA SINGH Date: 2021.10.26 17:27:32 IST