Ram Prasad Prajapati vs The State Of Madhya Pradesh
2022 Latest Caselaw 6072 MP

                                                                        1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                                ON THE 25th OF APRIL, 2022

                                                   MISC. CRIMINAL CASE No. 20387 of 2022

                                          Between:-
                                          RAM PRASAD PRAJAPATI S/O SHRI BIRAN
                                          PRASAD PRAJAPATI , AGED ABOUT 27 YEARS,
                                          NEW DOLA RAJNAGAR POLICE STATION
                                          RAMNAGAR DISTRICT ANOOPPUR M.P. (MADHYA
                                          PRADESH)

                                                                                                   .....PETITIONER
                                          (BY SHRI RAJESH TIWARI, ADVOCATE )

                                          AND

                                          THE STATE OF MADHYA PRADESH THROUGH
                                          POLICE STATION RAM NAGAR DISTRICT
                                          ANOOPPUR M.P. (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                          (BY SHRI AJEET KUMAR RAWAT, GOVT. ADVOCATE )

                                       This application coming on for admission this day, the court passed the
                                 following:
                                                                         ORDER

This is the first bail application under Section 439 of Cr.P.C filed by the

applicant for grant of bail.

The applicant has been arrested on 9.3.2022 by Police Station Ram Nagar, District-Anooppur in connection with Crime No.79/2022 for the offence punishable under Sections 376, 376 (2) (n) of the Indian Penal Code.

It is submitted that he has been falsely implicated in the case and has not committed any offence in any manner. It is alleged that the victim is a major lady aged about 25 years and she was known to the present applicant. As per her complaint, first physical relations was made on 20.2.2020 and thereafter the applicant continue to make physical relations on false promise of marriage. Last incident is reported on 12.1.2022. Thereafter, the report was made. No complaint on earlier occasion was made against the present applicant. It is submitted that she is a major lady and out of her own will and consent she has made physical Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.04.26 10:15:20 IST relations. He has placed reliance upon the judgment passed by the Supreme Court

in the case of Pramod Suryabhan Pawar Vs. State of Maharashtra (Criminal Appeal No.1165/2019) decided on 21.08.2019 wherein in almost similar terms the Hon'™ ble Supreme Court has held that in such circumstances, the physical relationship which has been made does not amount to commission of offence

under Section 376 of I.P.C. The determining factor is whether the consent has been given under misconception of fact or under the false and fraudulent promise of marriage. The aforesaid aspect was further considered in the case of Maheshwar Tigga Vs. State of Jharkhand reported in (2020) 10 SCC 108 and similar view was taken in the case of Prashant Bharti Vs. State (N.C.T. of Delhi) reported in (2013) 9 SCC 293, wherein the Hon'™ble Supreme Court has gone to the extent that in the case of a married woman, if a physical relation is being made on the false promise of marriage, no case under Section 376 of I.P.C. is made out. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his application for grant of bail. On these grounds, he has prayed for grant of bail to the applicant.

P er contra, State counsel has vehemently opposed the application stating that there are specific allegations against the present applicant regarding commission of offence. Investigation is still pending in the matter. The applicant is a history sheet having a criminal history of eight cases since from 2004 to 2022. But he fairly submits that two cases are of the year 2020 but for minor offences and thereafter the present case.

Learned counsel for the applicant has also placed reliance upon the judgement passed by the Hon'ble Supreme Court in the case of Prabhakar Tiwari Vs. State of Uttar Pradesh reported in (2020) 11 SCC 648, wherein it is held that the criminal past should not be sole ground for rejection of the bail application. He is ready to abide by all the terms and conditions that may be imposed by this Court while considering his bail application. On these grounds, he prays for grant of bail.

Considering the overall facts and circumstances of the case and placing

Signature Not Verified reliance upon the judgement passed by the Hon'ble Supreme Court in the case of SAN

Digitally signed by MOHD IRFAN Prabhakar Tiwari (supra), this application is allowed. The applicant be released SIDDIQUI Date: 2022.04.26 10:15:20 IST

on bail on furnishing a surety bond of Rs.50,000/- (Rupees Fifty Thousand

only) with one local surety in the like amount to the satisfaction of trial Court.

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 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 them

from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not involve any other offence, in case the applicant indulge in any other criminal case the benefit of bail as extended by this Court shall automatically cancelled;

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

6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7 . The applicant will inform the concerned S.H.O. of concerned Police Station about his residential address in the said area and it would be the duty of the Public Prosecutor to send E-copy of this order to SHO of concerned police station as well as Superintendent of Police concerned who shall inform the concerned SHO regarding the same.

In view of the COVID-19, jail authorities are directed that before releasing the applicant, medical examination of applicant shall be undertaken by the jail doctor and on prima facie, if it is found that he is having the symptoms of COVID- 19, then consequential follow up action including the isolation/quarantine or any test if required, be ensured, otherwise applicant shall be released immediately on bail and shall be given a pass or permit for movement to reach his place of residence.

Application stands allowed and disposed of.

Certified copy as per rules.

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.04.26 10:15:20 IST

(VISHAL MISHRA) JUDGE irfan

Signature Not Verified SAN

Digitally signed by MOHD IRFAN SIDDIQUI Date: 2022.04.26 10:15:20 IST