Shakir Khan vs The State Of Madhya Pradesh
2021 Latest Caselaw 5613 MP

             HIGH COURT OF MADHYA PRADESH,
                   BENCH AT GWALIOR  1




                        M.Cr.C.No.45220/2021
                    ( Shakir Khan Vs. State of M.P. )
                                    (1)

Gwalior, dated : 17.09.2021

      Shri Sameer Kumar Shrivastava, learned counsel for the

applicant.

      Shri P.P.S.Bazeeta, learned Public Prosecutor for the

respondent/State.

Shri Ravi Dwivedi, learned counsel for the complainant.

I.A.No.27241/2021, an application for urgent hearing is

considered and allowed.

Heard on IA No.28217/2021, an application under Section

301(2) of the Cr.P.C.

For the reasons stated in the application, the same is allowed

and Shri Ravi Dwivedi, learned counsel for the complainant and his

associate is permitted to assist the prosecution.

Heard learned counsel for the parties.

Case diary perused.

The applicant has filed this first application under section 439

of the Cr.P.C. for grant of bail.

The applicant has been arrested on 18.08.2021 by Police

Station Bahodapur, District Gwalior in connection with Crime

No.606/2021 registered in relation to the offence punishable under

Section 376 (2)(n) and 506 of IPC.

Allegations against the applicant, in short, is that he came in

contact with the prosecutrix 8 years back. Thereafter they used to

chat on mobile and video. The applicant suppressed his identity and HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1

M.Cr.C.No.45220/2021 ( Shakir Khan Vs. State of M.P. )

projected him to be Punjabi and agreed to marry with the

prosecutrix. On 08.05.2020, the applicant took her on the Gwalior

Fort and committed rape. Prior to this, in the month of February

2020, when the prosecutrix had gone to Bhopal for giving

examination, at that time, he also accompanied her and committed

rape in a Lodge. On the basis of aforesaid, crime has been registered.

Learned counsel for the applicant submits that applicant has

falsely been implicated in the case. She is in custody since

18.08.2021. Investigation is not yet completed. It is a case of

consent. FIR has been lodged with the delay of more than one year.

Learned counsel for the applicant has relied on the judgment of the

Apex Court in the case of Dr.Dhruvaram Murlidhar Sonar Vs.

State of Maharashtra and others reported in (2019) 18 SCC 191

and Pramod Suryabhan Pawar Vs. State of Maharashtra and

another reported in (2019) 9 SCC 608 to contend that promise to

marry will not amount to commission of offence. It is also submitted

that the applicant cannot be kept in jail for indefinite period

particularly when due to COVID-19 his detention in already

congested prisons may be detrimental. He is a permanent resident of

District Gwalior (M.P.). and there is no likelihood of his absconsion

or tampering with the prosecution evidence if released on bail. With

the aforesaid submissions prayer for grant of bail is made.

Learned Public Prosecutor appearing for the State opposed the

application and prayed for its rejection by contending that on the HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1

M.Cr.C.No.45220/2021 ( Shakir Khan Vs. State of M.P. )

basis of the allegations and the material available on record, no case

for grant of bail is made out.

However, it would not be desirable to enter into the merits of

the rival contentions at this juncture.

Considering the overall facts and circumstances of the case,

custody of the applicant, coupled with the fact that trial is not likely

to conclude in near future and prolonged pre-trial detention being an

anathema to the concept of liberty, this Court is inclined to extend

the benefit of bail to the applicant.

Accordingly, without expressing any opinion on merits of the

case, this application is allowed and it is directed that the applicant

be released on bail on furnishing a personal bond in the sum of

Rs.50,000/- (Rs. Fifty Thousand only) with one solvent surety of

the like amount to the satisfaction of the trial Court/committal Court

for his appearance on the dates given by the concerned Court. The

applicant shall also furnish a written undertaking before the

concerned court that he will abide by the terms and conditions of

various circulars, as well as, orders issued by the Central

Government, State Government and local administration from time

to time such as maintaining social distancing, physical distancing,

hygiene etc. to avoid proliferation of Corona virus.

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 HIGH COURT OF MADHYA PRADESH, BENCH AT GWALIOR 1

M.Cr.C.No.45220/2021 ( Shakir Khan Vs. State of M.P. )

the bond executed by him.

2. The applicant will cooperate in the investigation/trial, as the

case may be;

3. The applicant 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 applicant will not seek unnecessary adjournments during

the trial; and

5. The applicant will not leave India without previous permission

of the trial Court/Investigating Officer, as the case may be.

6. The applicant shall not commit any other offence during

pendency of the trial, failing which this bail order shall stand

cancelled automatically without further reference to the Bench.

A copy of this order be sent to the Court concerned for compliance.

Certified copy/E-copy as per rules.

(S.A.Dharmadhikari) Judge SP SANJEEV KUMAR PHANSE 2021.09.17 17:07:20 +05'30'