Mahaveer Shrivas vs The State Of Madhya Pradesh
2022 Latest Caselaw 573 MP

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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 1392/2022
      (MAHAVEER SHRIVAS Vs THE STATE OF MADHYA PRADESH)

                    Through Video Conferencing

Gwalior, Dated : 12/01/2022

      Shri Avinash Kulshrestha, Counsel for applicant.

      Shri Naval Gupta, 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 of applicant was dismissed on

04.01.2022 passed in M.Cr.C. No.62883/2021 for want of prosecution.

      The applicant has been arrested on 18.02.2021 in connection

with Crime No.74/2021 registered by Police Station- Civil Line,

District Morena, for offence punishable under Sections 376 (2) n, 506,

34 of IPC.

      It is submitted by the Counsel for the applicant that first bail

application was dismissed for want of prosecution. It is submitted that

the charge-sheet has been filed and the charges have been framed but

the prosecutrix is not turning up. The FIR in question has been lodged

on 18.02.2021 whereas on 10.02.2021, another FIR in Crime

No.61/2021 was lodged by the prosecutrix at Police Station - Civil

Line, District Morena for offence under Sections 498-A and 323 of

IPC. Although the applicant was also made accused in the said FIR but

no allegation of rape was made against him. It is further submitted that

applicant is younger brother-in-law (devar) of complainant. It appears

that in order to falsely pressurize her husband, the false FIR has been
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                          THE HIGH COURT OF MADHYA PRADESH
                                       MCRC No. 1392/2022
                      (MAHAVEER SHRIVAS Vs THE STATE OF MADHYA PRADESH)

                lodged. The applicant is in jail from last near about 11 months. 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 that the FIR lodged by prosecutrix on 10.02.2021

in which no allegation of rape was made against the applicant as well

as period of detention 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 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 2022.01.12 17:05:00 +05'30'