Manish Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 5176 MP

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          THE HIGH COURT OF MADHYA PRADESH
                     CRA No.3201/2022
               Manish Sharma vs. State of M.P.

Gwalior, Dated : 08/04/2022

       Shri Tapendra Sharma, Counsel for the appellant.

       Shri Rohit Mishra, Additional Advocate General for

respondent No.1/State.

None for the respondent No. 2/complainant.

It is submitted by the counsel for the State that the

complainant has been informed about the pendency of this appeal as

required under Section 15-A of the Scheduled Castes and Scheduled

Tribes (Prevention of Atrocities) Act (in short "the Act").

Case diary is available.

This appeal has been filed under Section 14-A (2) of the Act

against the order dated 17.1.2022 passed by Special Judge

(Atrocities Act) Shivpuri, rejecting the bail application.

The appellant has been arrested on 28.12.2021 in connection

with Crime No.41/2021 registered by Police Station Mahila Thana,

District Shivpuri for offence punishable under Sections 376(2)(n),

506 of IPC and under Section 3(2)(v), 3(1)(w)(i), 3(2)(va) of the

Act.

It is submitted by the counsel for the appellant that the

prosecutrix is divorcee. She has alleged that the appellant had

physical relationship with her on the false promise of marriage but

later on she came to know that the appellant is already married. It is

submitted that in her statement recorded under Section 164 of

THE HIGH COURT OF MADHYA PRADESH CRA No.3201/2022 Manish Sharma vs. State of M.P.

Cr.P.C., the prosecutrix had specifically stated that in the year 2018

itself the appellant had informed that he is already married. Thus, it

is clear that if the complainant had physical relationship with the

appellant in spite of knowing the fact that during subsistence of first

marriage, the appellant cannot perform second marriage with the

complainant and still if she went ahead to have physical

relationship, then it is clear that she was a consenting party. The

appellant is in jail from 28.12.2021. The 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 appeal 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 appeal is allowed. It is

directed that the appellant be released on bail on furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac Only)

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

THE HIGH COURT OF MADHYA PRADESH CRA No.3201/2022 Manish Sharma vs. State of M.P.

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 (alok)

ALOK KUMAR 2022.04.08 16:18:08 +05'30'