Madhya Pradesh High Court
Gyaprasad Kushwah vs The State Of Madhya Pradesh on 21 January, 2022
Author: Gurpal Singh Ahluwalia
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 3538/2022
(GYAPRASAD KUSHWAH Vs THE STATE OF MADHYA PRADESH)
Through Video Conferencing
Gwalior, Dated : 21/01/2022
Shri Tapendra Sharma, Counsel for applicant.
Ms. Kalpana Parmar, Counsel for State.
Case diary is available.
This is second application filed under Section 439 of Cr.P.C.
for grant of bail. The first application was dismissed by the
Coordinate Bench of this Court by order dated 06.12.2021 passed in
M.Cr.C. No.58540/2021 as withdrawn. As the Hon'ble Judge has been
transferred, therefore, this application has been placed before this
Court.
The applicant has been arrested on 28.10.2021 in connection
with Crime No.251/2021 registered by Police Station Mauh, District
Bhind for offence punishable under Section 376(2)(f), 376(2)(n) and
506 of IPC.
It is submitted by Counsel for the applicant that applicant is the
father-in-law of the complainant. It is alleged that on 30.03.2020, he
committed rape on her. However, the FIR was lodged on 25.09.2021
on the basis complaint made by the complainant on 25.09.2021 itself.
It is submitted that in fact the applicant has been falsely implicated.
On 20.02.2021, the complainant had lodged an FIR in crime
No.44/2021 at Police Station Mauh, District Bhind on the allegation
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THE HIGH COURT OF MADHYA PRADESH
MCRC No. 3538/2022
(GYAPRASAD KUSHWAH Vs THE STATE OF MADHYA PRADESH)
that she came back to her matrimonial house and asked her husband
and applicant as to why they are not making payment of maintenance
amount and on this issue, she was beaten and abused. It was
submitted that if the applicant had already committed rape on
prosecutrix on 30.03.2020, then there was no reason for the
complainant not to make any allegation about rape in this FIR. In fact,
it appears to be a case of family dispute which has been given the
color of rape in order to put unnecessary pressure on the in-laws of
complainant. The applicant is in jail from 28.10.2021. The first bail
application was withdrawn by order dated 06.12.2021 passed in
M.Cr.C. No.58540/2021, with liberty to revive the prayer after filing
of the charge-sheet. The police after concluding the investigation has
filed the charge-sheet. The trial is likely to take sufficiently long time
and there is no possibility of his absconding or tampering with
prosecution case.
Per contra, the application is opposed by the counsel for the
respondent/State.
Heard the learned counsel for the parties.
Considering the facts and circumstances of the case and
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
THE HIGH COURT OF MADHYA PRADESH
MCRC No. 3538/2022
(GYAPRASAD KUSHWAH Vs THE STATE OF MADHYA PRADESH)
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 the 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 & Ors. vs. State of M.P. passed on 18/3/2021
in Criminal Appeal No.329/2021, the intimation regarding grant of
bail be sent to the complainant.
Certified copy as per rule.
(G.S. Ahluwalia)
Judge
Aman
AMAN TIWARI
2022.01.22
12:25:01
+05'30'
