Kalyan Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 236 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No.63400/2021 (Kalyan Singh Vs. State of M.P.)

Gwalior, Dated: 05.01.2022

Shri J.P. Mishra, Counsel for the applicant.

Shri R.K. Awasthi, Counsel for the State.

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 09.09.2021 in connection

with Crime No.395/2021 registered at Police Station Sironj, Distt.

Vidisha for offence under Sections 376, 506, 343 of IPC.

In compliance of order dt.23.12.2021, the State has produced

the health status report of the applicant, according to which the

applicant is the patient of HIV positive.

It is submitted by the counsel for the applicant that according

to the prosecution case Kallu Ram lodged a Gum Insan report to the

effect that his wife (prosecutrix) is missing. Thereafter, the

prosecutrix appeared on her own and made a statement to the Police

that on the fateful day she was in the hospital where the applicant

informed that her husband is near Mahamayi temple and he can leave

her at that place and accordingly, she went alongwith the applicant on

his motorcycle. The applicant took her towards Mahamayi temple but

thereafter, forcefully committed rape on her. It was further alleged

that after committing rape, he took her on a motorcycle to village

THE HIGH COURT OF MADHYA PRADESH MCRC No.63400/2021 (Kalyan Singh Vs. State of M.P.)

Nidanpur, which is situated ahead of Berasia, where she was kept for

four days in a house. On 31.08.2021 at about 3.00 p.m. when she was

all alone in the house, she ran away from the house and took a lift in

the truck and deborded the truck at Lateri Naka and went towards

Sironj Tahsil, where she met with her husband. It is submitted that the

entire allegation made by the prosecutrix clearly indicates that she

was a consenting party. Even if she was taken to Mahamayi temple

by misrepresentation, then still she should not have accompanied the

applicant to village Nidanpur, which is approximately more than 100

km from the place of incident. She did not raise any alarm at any

point of time. 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. It is submitted that two more criminal cases

have been registered against the applicant.

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) 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

THE HIGH COURT OF MADHYA PRADESH MCRC No.63400/2021 (Kalyan Singh Vs. State of M.P.)

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 Shanu

Digitally signed by SHANU RAIKWAR Date: 2022.01.05 18:14:43 -08'00'