Akhales Yadav vs State Of M.P.
2022 Latest Caselaw 1609 MP

                                   1
  IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                 BEFORE
                   HON'BLE SHRI JUSTICE VISHAL MISHRA
                        ON THE 4th OF FEBRUARY, 2022

                 MISC. CRIMINAL CASE No. 5844 of 2022

         Between:-
         AKHALES YADAV S/O JAY KUMAR YADAV ,
         AGED ABOUT 22 YEARS, OCCUPATION:
         LABOUR R/O VILLAGE CHUYI P.S. AND
         T E H S I L AMARWADA        DISTRICT
         CHHINDWARA M.P. (MADHYA PRADESH)

                                                               .....PETITIONER
         (BY SHRI ANURAG SAHU, ADVOCATE)

         AND

         STATE OF M.P. THROUGH P. S . AMARWADA
         DISTRICT CHHINDWARA M.P. (MADHYA
         PRADESH)

                                                            .....RESPONDENTS
         (BY SHRI S.K. KASHYAP, GOVT. ADVOCATE)
                      (Heard through Video Conferencing)
      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.

T h e applicant has been arrested on 20.1.2022 by Police Station- Amarwada, District-Chhindwara (M.P.) in connection with Crime No.77/2022 for the offence punishable under Sections 376, 376 (2) (N), 450 of IPC.

I t is submitted that the applicant has falsely been implicated in the crime. He has not committed any offence in any manner. As per the prosecution story the allegation against the present applicant is that he has committed rape with the victim. It is seen that the incident took place in the month of July, 2021. The report of which was made after a considerable period on19.1.2022 with their being any proper explanation for the same. The allegation leveled is that the applicant on the false pretext of the marriage has committed rape with the victim. The victim is a major as per the prosecution

story itself and she was in amicable terms with the present applicant and out of her own will she has developed physical relationship with the present applicant. It is argued that as she is a major and with the consent she has made the physical relations, therefore, no offence under Section 376 of IPC is made out. He has placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of K.P.Thimmappa Gowda vs State of

Karnataka, reported in 2011 Vol.14 SCC 475 . It is argued that physical relations with the consent of a victim or prosecutrix who is above 16 years of age does not fall under the definition of 376 of IPC. The applicant is in custody since 20.1.2022. There is no further requirement of custodial interrogation. 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. The applicant is the first offender and keeping him in custody for a longer period will ruin the entire career of the applicant, therefore, he has prayed for grant of bail.

Per contra, learned counsel appearing for the State has vehemently opposed the prayer stating that there are specific allegations made against the present applicant regarding commission of offence under Section 376 of IPC but he could not dispute the fact that as per the prosecution story itself first incident was taken place on 15.7.2021 and no report was made and applicant as well as the victim has developed physical relations for 4 to 5 times. Victim being a major is not disputed by the State counsel. The applicant being the first offender is also not disputed by the State counsel.

Considering the overall facts and circumstances of the case, without commenting upon the merits of the case, subject to the verification of the fact that the applicant is the first offender, this application is allowed. The applicant be released on bail on furnishing surety bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one local surety in the like amount to the satisfaction of trial Court.

I n 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.

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 him 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.

Application stands allowed and stands disposed of. Certified copy as per rules.

(VISHAL MISHRA) JUDGE irfan

Digitally signed by MOHD IRFAN SIDDIQUI Date:

2022.02.07 10:38:44 +05'30'