Lalit Namdev vs The State Of Madhya Pradesh
2022 Latest Caselaw 13320 MP

                                                   1

                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                 BEFORE
                                      HON'BLE SHRI JUSTICE ANIL VERMA

                                        ON THE 11th OF OCTOBER, 2022

                                   MISC. CRIMINAL CASE No. 45128 of 2022

                           BETWEEN:-
                           LALIT    NAMDEV       S/O
                           RAMESHCHANDRA NAMDEV,
                           AGED ABOUT    42 YEARS,
                           OCCUPATION:  SHOPKEEPER
                           PLAKTORI          THASIL
                           ASHOKNAGAR      DISTRICT
                           ASHOKNAGR        PRESENT
                           ADDRESS VEDANT BHAWAN
                           PCHADRI   KHEDRA   ROAD
                           ASHOKNAGAR      (MADHYA
                           PRADESH)
                                                                       .....APPLICANT
                           (SHRI SURENDRA KUMAR GUPTA, LEARNED COUNSEL FOR THE
                           APPLICANT)

                           AND
                           THE   STATE OF MADHYA
                           PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE
                           STATION        NINLGANGA
                           DISTRICT UJJAIN (MADHYA
                           PRADESH)
                                                                   .....RESPONDENT
                       ( SHRI MUKESH KUMAWAT, LEARNED GA APPEARING ON BEHALF
                       OF ADVOCATE GENERAL; AND
                       SHRI BHUPENDRA SOLANKI, LEARNED COUNSEL FOR THE
Signature Not Verified RESPONDENT [OBJ])
Signed by: TEJPRAKASH
VYAS
Signing time: 10/12/2022
5:48:27 PM
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                                 This application coming on this day for orders, the court
                           passed the following:
                                                        ORDER

This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.464/2022 registered at P.S. - Nilganga, District Ujjain (M.P.) for commission of offence punishable under Section 376(2)(n), 506 of Indian Penal Code, 1860.

As per the prosecution story, on 20.8.2022 prosecutrix made a written complaint before P.S.-Nilganga, District Ujjain (M.P.) by stating that on the pretext of marriage the applicant made physical relationship with her. In the year 2015 present applicant first time met her and after sometime he told her that he loves her and wants to marry with her. Due to physical relationship with the present applicant, prosecutrix became pregnant in the year 2020. When she asked for marriage, applicant every time has postponed the marriage. On 22/11/2022 she gave birth to a child and after that she came to know that applicant is already married but applicant continued to have physical relationship with her. After six months applicant denied for the marriage with her.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/12/2022 5:48:27 PM

Prosecutrix uses two different names in several documents. Prosecutrix is a major lady. Prosecutrix has admitted that present applicant and she were living together in live-in-relationship for the past seven years and all the expenses of the prosecutrix have been borne by the applicant. Prosecutrix has filed an affidavit stating that she was living in live-in-relationship with the present applicant. Prosecutrix has been blackmailing for the lump sum amount of Rs.10,00,000/- (Rupees ten lakh only). When applicant refused to give such amount then prosecutrix lodged an false FIR against applicant. He is a permanent resident of District Ashoknagar. Final conclusion of trial will take considerable long time. Hence, he prays that the applicant be released on anticipatory bail.

In support of his contention learnd counsel for the applicant has placed reliance on the judgment of the Kerala High Court in case of Shreekanth Sasidharan Vs. State of Kerala dated 06.10.2022 passed in CRL No.9201 of 2021.

Per-contra, counsel for the objector opposes the bail application and prays for its rejection by submitting that age of the prosecutrix is 22 years and at the time of incident she was minor. Therefore, her consent is immaterial. Applicant sexually exploited the prosecutrix on the pretext of marriage. Hence, he does not deserve for anticipatory bail.

Counsel for the respondent/ State also opposes the

Signature Not Verified application and prays for its rejection. Signed by: TEJPRAKASH VYAS Signing time: 10/12/2022 5:48:27 PM

Perused the case diary as well as the impugned order passed by the court below.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that prosecutrix was minor at the time of incident; agreement of live in relationship cannot be considered as a valid agreement. In view of the prima facie evidence available against the applicant, at this stage, without commenting on the merits of the case, this court is not inclined to grant anticipatory bail to the present applicant.

Accordingly, this MCRC is dismissed.

C.C. as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: TEJPRAKASH VYAS Signing time: 10/12/2022 5:48:27 PM