Ravi Urf Bheem Rajak vs The State Of Madhya Pradesh
2022 Latest Caselaw 3089 MP

                                                                   1
                           IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 4th OF MARCH, 2022

                                           MISC. CRIMINAL CASE No. 11094 of 2022

                                 Between:-
                                 RAVI URF BHEEM RAJAK S/O SHRI JASWANT
                                 RAJAK , AGED ABOUT 27 YEARS, OCCUPATION:
                                 BUSINESS R/O SANJAY NAGAR TAHSIL AND P.S.
                                 DEORI   DISTRICT SAGAR    M.P.  (MADHYA
                                 PRADESH)

                                                                                                          .....PETITIONER
                                 (BY SHRI MANISH DATT, SENIOR ADVOCATE WITH SHRI MANEESH
                                 KUMAR SONI, ADVOCATE )

                                 AND

                                 THE STATE OF MADHYA PRADESH THROUGH P.S.
                                 DEORI   DISTRICT SAGAR    M.P. (MADHYA
                                 PRADESH)

                                                                                                      .....RESPONDENTS
                                 (BY SHRI JITENDRA SHRIVASTAVA, PL, SHRI AMIT KUMAR BAJPAI,
                                 ADVOCATE FOR OBJECTOR )

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

Shri Manish Datt, learned senior counsel with Shri Maneesh Soni, learned counsel for the applicant.

Shri Jitendra Shrivastava, learned PL for the respondent/State.

Shri Amit Kumar Bajpai, learned counsel for the Objector.

Applicant/Ravi urf Bheem Rajak has filed this first bail application under Section 439 of CrPC in connection with Crime No. 55/2022 under Sections 376, 376 (2)(n), 450 of IPC registered at police station Deori, District Sagar (M.P) and applicant is in custody since 01/02/2022.

Learned senior counsel for the applicant submits that as per prosecution story, complainant lodged report on 29/01/2022 that applicant is known to her for last 9 months. She developed acquaintance with the applicant while traveling to her class to attend PGDCA course. They started talking to each other then chatting over mobile phone. Applicant used to visit her to meet her then in October, 2021 they established physical relationship. It is submitted that she had relented the applicant but he had “filled her maang†an important ceremony under Hindu rituals signifying marriage and then entered into consensual physical relationship. Thereafter applicant refused to marry her.

Signature
 SAN      Not
Verified

Digitally signed by I t is submitted that present applicant had made a complaint on 10/12/2021 to the effect that TARUN KUMAR SALUNKE Date: 2022.03.08 10:48:58 IST

complainant is pressurizing to marry her and on 19/12/2021 at 10.20 PM she sent suicide note that if applicant does not marry her then she will commit suicide. It is submitted that FIR was lodged on 15/02/2022. Reliance is also placed on the judgment of the Supreme Court in case of Dhruvaram Murlidhar Sonar vs The State Of Maharashtra and other AIR 2019 SC 327, wherein consent be it expressed or implied is defined and also that acknowledged consensual physical relationship

between the parties would not constitute offence of rape. Applicant is in custody since 01/02/2022. Investigation is complete and charge sheet is filed. On aforesaid grounds prayer is made to enlarge applicant on bail.

Learned Panel Lawyer for the State as well as learned counsel for Objector opposes the prayer made by learned counsel for the applicant.

Taking into consideration submissions of learned counsel for the parties, judgement of Supreme Court and the fact that investigation is complete, charge sheet is filed and applicant are in custody since 01/02/2022, hence without commenting anything on merits of the case, this bail application is allowed. It is directed that applicant Ravi urf Bheem Rajak be released on bail on his furnishing a personal bond to the tune of Rs.50,000/- with two solvent sureties in the like amount to the satisfaction of the learned Trial Court. It is further directed that the applicants shall comply with the provisions of Section 437(3) of the Cr.P.C.

In view of the outbreak of new mutant Omicron of Covid-19, the jail authorities and the State Government are directed to follow the guidelines issued by the Health Ministry in the wake of Novel Corona Virus before and after releasing the applicant.

In above term, this bail application is disposed of.

Certified copy as per rule

(VIVEK AGARWAL) JUDGE tarun