Madhya Pradesh High Court
Bijendra Singh vs The State Of Madhya Pradesh on 14 February, 2022
Author: Gurpal Singh Ahluwalia
1
THE HIGH COURT OF MADHYA PRADESH
MCRC No.7864/2022
Bijendra Singh vs. State of M.P.
Gwalior, Dated : 14.02.2022
Shri Pradeep Katare, Counsel for the applicant.
Shri K.S. Tomar, Counsel for the respondent/State.
Shri Rameshwar Rawat, Counsel for the complainant.
Case diary is available.
This first application under Section 439 of Cr.P.C. has been
filed for grant of bail.
The applicant has been arrested on 21.12.2021 in connection
with Crime No.159/2021 registered at Police Station Anandpur,
District Vidisha for offence under Sections 376, 376(2)(p), 376(2)(ds),
366, 201 of IPC.
It is submitted by the Counsel for the applicant that according
to the prosecution case, the applicant was on talking terms with the
prosecutrix which was not acceptable to the family of the prosecutrix.
Accordingly, she was married to one Hariom Parihar on 14.6.2020.
However, the prosecutrix could not adjust herself in her matrimonial
home and, accordingly, her case for divorce is pending. It is alleged
that the applicant promised the prosecutrix to marry her and,
accordingly, asked her to come to Ujjain. The prosecutrix allegedly
went from Guna to Ujjain and called the applicant at Maksi. It was
replied by the applicant that prosecutrix should wait for him at
THE HIGH COURT OF MADHYA PRADESH
MCRC No.7864/2022
Bijendra Singh vs. State of M.P.
railway station. The applicant also went to the Railway Station and
took her to the car parked in the parking area of the railway station.
At about 2:30, it is alleged that the applicant committed rape on her
and promised that they would perform the court marriage at Guna.
Accordingly, on the next day, they spent the entire day with each
other, and thereafter applicant refused to marry her and left her at
village Shergarh. It is submitted that even if the entire allegations are
accepted, then it is clear that the prosecutrix is already married and,
her second marriage during the subsistence of first marriage is not
possible and her case for grant of divorce has not been decided so far.
Even otherwise, the prosecutrix is major and clearly shows that she
was a consenting party. 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 application 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 application is allowed. It is
directed that the applicant 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
THE HIGH COURT OF MADHYA PRADESH
MCRC No.7864/2022
Bijendra Singh vs. State of M.P.
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
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
Aman
AMAN TIWARI
2022.02.14
18:18:23 +05'30'
