Dipak Shukla vs The State Of Madhya Pradesh
2022 Latest Caselaw 10176 MP

                                                                       1
                                                  IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT JABALPUR
                                                                    BEFORE
                                                      HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                               ON THE 27th OF JULY, 2022

                                                   MISC. CRIMINAL CASE No. 36482 of 2022

                                             Between:-
                                             DIPAK SHUKLA S/O SHRI JITENDRA SHUKLA,
                                             AGED ABOUT 26 YEARS, OCCUPATION: SELF
                                             EMPLOYED R/O JHANJH P.S. RAMPUR NAIKIN,
                                             DISTRICT SIDHI (M.P.)

                                                                                                    .....APPLICANT
                                             (BY SHRI RAJENDRA YADAV, ADVOCATE )

                                             AND

                                             THE STATE OF MADHYA PRADESH THROUGH
                                             MAHILA THANA REWA DISTRICT REWA M.P.

                                                                                                 .....RESPONDENT
                                             (BY SHRI PIYUSH JAIN, GOVERNMENT ADVOCATE)

                                           This application coming on for hearing this day, the court passed the
                                     following:
                                                                        ORDER

This second application under Section 439 of the Code of Criminal Procedure has been filed on behalf of the applicant for grant of bail in

connection with Crime No.91/2022 registered at Police Station Mahila Thana, District Rewa, for the offence punishable under Sections 376(2)(N) of IPC..

T he applicant's first bail application was dismissed as withdrawn vide order dated 05.07.2022 passed in M.Cr.C. No.30975/2022.

Learned counsel for the applicant submits that as per the case of Signature Not Verified SAN prosecution, the present applicant and prosecutrix developed their friendship Digitally signed by SARSWATI MEHRA Date: 2022.07.28 13:09:24 IST through face book and later on they came near to each other and present

applicant has given promise to the prosecutrix and developed physical relation and as such, they were continue in the relationship for a long period and physical relations developed in between so many occasions. But later on present applicant has refused to enter in to the marriage with the prosecutrix and therefore, she made a complaint to the police and got the offence registered against the present applicant.

Learned counsel for the applicant submits that in view of the facts and circumstances of the case, no case of under 376 is made out because prosecutrix was a consenting party relation was developed between them with her consent. He relied upon the decision of Supreme Court passed in Special

Leave to Appeal No.11218/2019 decided by order dated 01.03.2021 parties being Sonu @ Subhash Vs. State of U.P. and another.

Taking note of the said judgment though the bail application has been opposed by learned counsel for the State, I am inclined to consider and allow the bail application. Accordingly, it is allowed.

It is directed that the applicant be released on bail upon his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the trial Court concerned for his appearance on the dates given by it.

On being released on bail, the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules.

Signature Not Verified

(SANJAY DWIVEDI) SAN

Digitally signed by SARSWATI MEHRA JUDGE Date: 2022.07.28 13:09:24 IST sm

Signature Not Verified SAN

Digitally signed by SARSWATI MEHRA Date: 2022.07.28 13:09:24 IST