Madhya Pradesh High Court
Sourabh Patel vs The State Of M.P. on 9 February, 2022
Author: Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 9th OF FEBRUARY, 2022
MISC. CRIMINAL CASE No. 7009 of 2022
Between:-
SOURABH PATEL S/O SHRI KHEMCHAND
PATEL , AGED ABOUT 25 YEARS,
OCCUPATION: STUDENT R/O HOUSE NO.6/1
WARD NO. 1 MATA MOHALLA VILLAGE
POSERA TEHSIL PIPARIYA DISTRICT
HOSHANGABAD (M.P) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI UMA SHANKAR TIWARI, ADVOCATE)
AND
THE STATE OF M.P. THROUGH P.S. MAHILA
THANA DISTRICT HOSHANGABAD (M.P)
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI AMIT BHURRAK, PANEL LAWYER)
(BY SHRI K.K. KUSHWAHA, ADVOCATE FOR COMPLAINANT)
(Heard through Video Conferencing)
This application coming on for admission this day, the court passed
the following:
ORDER
Heard on P.I.D. No.2782/2022, an application for assisting the Panel
Lawyer.
On due consideration, the application is allowed. Shri K.K. Kushwaha,
Advocate is permitted to assist the Panel Lawyer.
This is first application under Section 438 of Cr.P.C. for grant of
anticipatory bail.
T he applicant apprehends his arrest in connection with Crime
No.6/2022 registered by Police Station-Mahila Thana, District-Hoshangabad
(MP) for offence punishable under Sections 366, 376(2)(n) of Indian Penal
Code.
It is alleged that applicant has been falsely implicated in the case, he has
Signature Not Verified
SAN not committed any offence in any manner. As per the prosecution story,
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SIDDIQUI
Date: 2022.02.10 16:40:42 IST
victim is a major and applicant and victim were in love relations out of which
they have developed the physical relations. It is pointed out that as per the
prosecution story the applicant use to have physical relations with the victim
since from the year 2016 but no hue and cry was raised at any point of time
nor she has made any complaint regarding the same. He has drawn attention
of this Court to an live-in relations agreement dated 12.10.2021 notarized by
Gulam Nizamuddin Anwar Siddiqui, Notary & Advocate at Bhopal. On the
basis of aforesaid, it is argued that they were living together since last so
many years and have also entered into an agreement with respect to live-in
relations. The agreement is dated 12.10.2021 and in the agreement it is seen
that they were living together since last more than 7 years. The applicant is the
first offender and is ready to abide by all the terms and conditions that may
be imposed by this Court while considering his application for grant of
anticipatory bail.
Per contra, counsel appearing for the State as well as the counsel for
complainant/objector has vehemently opposed the application stating that on
the false pretext of marriage, physical relations were developed and now the
applicant is refused to marry her, therefore, the complaint was made. It is not
disputed either by the counsel for the State as well as complainant that victim
is a major and she has developed physical relations with the applicant on
several occasions and was known to the applicant since 2014. A specific
question was raised to the counsel for the State as well complainant regarding
the validity of the live-in relationship agreement executed on 12.10.2021 and
what is the authority by which Notary has authorized such agreement. It is
argued by the State counsel that the functions and duties of the Notary are
being provided under Section 8 of the Notary Act and executing such type of
agreement is not provided in the aforesaid list. The aforesaid aspect was
considered by the co-ordinate Bench of this Court in M.Cr.C.
No.15168/2021 and a detailed order was passed considering the execution of
an affidavit by the Notary regarding marriage and divorce and matter was
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SAN
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Date: 2022.02.10 16:40:42 IST
referred to the Principal Secretary of the Department. It is fairly submitted that
Notary is having no power to execute such type of agreement. However, it is
argued that in terms of the judgment passed by the Supreme Court with
respect to live-in relations in the year 2018 is fully applicable to the case of the
petitioner. But as per the allegations the physical relations were made on the
false pretext of marriage, they have prayed for dismissal of the application.
Considering the over all facts and circumstances of the case, without
commenting upon the merits of the case, this Court deems it appropriate to
allow this application for grant of anticipatory bail, subject to verification that
the applicant is a first offender.
It is directed to be released on bail on furnishing a surety bond in the
sum o f Rs.50,000/- (Rupees Fifty thousand only) with one local solvent
surety in the like amount to the satisfaction of Arresting Officer, In the event
of arrest, the applicant will co-operate in the investigation and will not disobey
any of the terms and conditions enumerated under Section 438 of the Cr.P.C.
in deviation or violation of any of the proceedings under Section 438 of the
Cr.P.C., the relief which has been extended will stand rejected automatically.
The applicant is directed to mark his presence before the concerning
Police Station in first week of every month and is directed to cooperate in
investigation. In case of failure to cooperate, the bail granted by this Court
shall stand rejected automatically.
This order will remain operative subject to compliance of the following
conditions by the applicant :-
1. The applicant/s will comply with all the terms and conditions of the
bond executed by him;
2. The applicant/s will cooperate in the investigation/trial, as the case
may be;
3 . The applicant/s will not indulge himself/themselves in extending
inducement, threat or promise to any person acquainted with the facts of the
case so as to dissuade them/her/him from disclosing such facts to the Court
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SAN
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Date: 2022.02.10 16:40:42 IST
or to the Police Officer, as the case may be;
4. The applicant/s shall not involve any other offence, in case the
applicant/s indulge in any other criminal case the benefit of bail as extended
by this Court shall automatically cancelled.
5. The applicant/s will not seek unnecessary adjournments during the
trial;
6. The applicant/s will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
7. The applicant/s 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 disposed of.
E-copy of this order be provided to the applicant and E-copy of this
order be sent to the trial Court concerned for compliance. It is made clear
that E-copy of this order shall be treated as certified copy for practical
purposes in respect of this order.
Certified copy as per rules.
As far as an execution of an affidavit of live-in relations by the Notary
is concerned, let the matter be referred to the Principal Secretary of the Law
and Legislative Department to look into the affairs and functioning of the
Notary-Gulam Nizamuddin Anwar Siddiqui and inquire into the matter and
find out whether he is competent to execute such an affidavit with respect to
live-in relations and if not, then take appropriate action against the Notary.
The entire exercise be completed within three months from the date of
communication of this order.
Let a copy of the order be communicated to the Principal Secretary of
the Law and Legislative Department, Bhopal for necessary compliance.
Signature Not Verified
SAN
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.02.10 16:40:42 IST
(VISHAL MISHRA)
JUDGE
irfan
Signature Not Verified
SAN
Digitally signed by MOHD IRFAN
SIDDIQUI
Date: 2022.02.10 16:40:42 IST
