Shivam Shrivastava vs The State Of Madhya Pradesh
2022 Latest Caselaw 13621 MP

                                                              1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                             HON'BLE SHRI JUSTICE SANJAY DWIVEDI
                                                   ON THE 14th OF OCTOBER, 2022

                                          MISC. CRIMINAL CASE No. 47267 of 2022

                                   BETWEEN:-
                                   SHIVAM SHRIVASTAVA S/O LATE SHRI AJAY
                                   SHRIVASTAVA, AGED ABOUT 25 YEARS,
                                   OCCUPATION:   SERVICE    R/O  VILLAGE
                                   SINGHPUR, POLICE STATION SINGHPUR,
                                   DISTRICT SHAHDOL (M.P.)

                                                                                           .....PETITIONER
                                   (BY SHRI ESHAN DATT, ADVOCATE)

                                   AND
                                   THE STATE OF MADHYA PRADESH THROUGH
                                   POLICE STATION MAHILA THANA SHAHDOL
                                   DISTRICT SHAHDOL (M.P.)

                                                                                        .....RESPONDENTS
                                   (BY SHRI ALOK AGNIHOTRI, DEPUTY G.A FOR STATE )

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

T h is first 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.67/2022 registered at Police Station Mahila Thana Shahdol, District Shahdol, for the offence punishable under Sections 376, 376(2)(n) of the I.P.C and the applicant is in custody since 25/08/2022.

Learned counsel for the applicant submits that as per prosecution story the prosecutrix was in relationship with the present applicant since long. They were friends and they developed physical relationship between them and she got

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 10/14/2022 4:07:05 PM

pregnant also. She lodged FIR when present applicant refused to marry her. In such circumstances, applicant is under trial accused and is in custody since 25/08/2022 and there is delay in F.IR. He also relied on the judgment passed in Cr.A No. 962/2022 (Ansaar Mohammad Vs. State of Rajasthan) and in view of law laid by the Supreme Court the rape is not made out in such cases. Therefore, he prays that considering the aforesaid facts and circumstances of the case and the applicant's custody period, he may be enlarged on bail.

O n the other hand, learned Government Advocate has opposed the prayer of bail and submitted that there is delay in the matter of rape is not material

Considering the arguments advanced by learned counsel for the parties and the applicant's custody period and decision of the Supreme Court, I am inclined to enlarge him on bail. Therefore, without commenting anything on the merits of the case, this application 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.

I t is further directed that the applicant shall abide by the conditions enumerated in Section 437(3) of the Code of Criminal Procedure.

Certified copy as per rules

(SANJAY DWIVEDI) JUDGE tarun

Signature Not Verified Signed by: TARUN KUMAR SALUNKE Signing time: 10/14/2022 4:07:05 PM