Amar Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 5990 MP

                                   1                             MCRC-46075-2021
        The High Court Of Madhya Pradesh
                  MCRC-46075-2021
                   (AMAR SINGH Vs THE STATE OF MADHYA PRADESH)

2
Gwalior, Dated : 24-09-2021
      Heard through hybrid system of physical/virtual hearing.
      Shri Jai Prakash Kushwaha, learned counsel for the applicant.
      Shri Anil Shukla, learned Public Prosecutor for the respondent/State.

Heard on the first application under section 438 of Cr.P.C. filed by the applicants for grant of anticipatory bail.

The applicants are apprehending their arrest in connection with Crime No. 164/2021 registered at Police Station Sevda, District Datia (MP) for the offence punishable under Sections 376(2), 506 and 34 of IPC.

In brief, the prosecution story is that prosecutrix aged about 34 years had lodged a written complaint before the Police Station Sevda, District Datia saying that she belongs to Village Jyauddinpur, Police Station Dilari, Janpad Panchayat Muradabad (U.P.). From 2017 she is in touched with the present applicant through mobile phone. It is alleged that in June, 2020, he proposed her for marriage and called her Sevda. Thereafter, on 29.06.2020 she came to

Sevda and resided there for 2.5 months with the present applicant. During the aforesaid period on the false pretext of marriage, he used to commit intercourse with her. When she told him for marriage before the Court, he used to avoid regarding marriage. Later on, she went to her house and in between, he is used to regular in touch with the prosecutrix through mobile phone. The applicant again called her to Sevda, thereafter she came over there. On 11.07.2021 at about 9:30 PM he came there through four wheeler bearing Registration No. HR 26 DW 6094 along with one person and took her to the forest and has tried to kill her. Driver of the said vehicle saved her life. On her compliant, crime was registered bearing Crime No.164/2021 at Police Station Sevda, District Datia (MP) for the offence punishable under Sections 376(2), 506 and 34 of IPC. During investigation, she was sent for 2 MCRC-46075-2021 medical examination.

It is submitted by learned counsel for the applicant that the applicant is innocent. He has relied upon the judgment in the case of Hoshiar Singh Vs. State of Himachal Pradesh passed in Cr.MP(M) No.444 of 2018 decided on 23.04.2018, Keshar Singh Bagoria Vs. State of M.P. passed in M.Cr.C. No. 5730/2019 decided on 15.02.2019 and Udaypal Singh

Vs. State of M.P. and Anr. passed in M.Cr.C No. 48480/2018 decided on 07.03.2019. He has not committed any offence and has falsely been implicated, hence, prayed for grant of anticipatory bail.

Per contra, learned counsel for the State vehemently opposed the application and prayed for its rejection.

Heard learned counsel for the parties at length and considered the arguments advanced by them and perused the case diary.

Looking to the facts and circumstances of the case as well as the fact that the matter is under investigation and also looking to the nature of offence as well as the judgment relied upon by the applicant is of no help of the present applicant as the present facts and circumstances of the case are different in nature, this Court is not inclined to grant the benefit of anticipatory bail to the applicant.

Accordingly, the application filed under Section 438 of Cr.P.C. is hereby dismissed.

(DEEPAK KUMAR AGARWAL) JUDGE

(LJ*)

LOKENDRA JAIN 2021.09.24 13:56:18 +05'30'