Sourabh Verma vs The State Of Madhya Pradesh
2023 Latest Caselaw 6303 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                                  ON THE 19 th OF APRIL, 2023
                                          MISC. CRIMINAL CASE No. 13869 of 2023

                           BETWEEN:-
                           SOURABH VERMA S/O CHIRONJILAL VERMA, AGED
                           ABOUT 30 YEARS, OCCUPATION: BUSINESS, R/O: D.K.N.-
                           146, SCHEME NO. 74 VIJAY NAGAR, INDORE (MADHYA
                           PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI HARISH KUMAR SHARMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION VIJAY NAGAR,
                           INDORE (MADHYA PRADESH)

                                                                                         .....RESPONDENT
                           (SHRI AJAY RAJ GUPTA - PANEL LAWYER AND SHRI
                           AMIT BHATIA - ADVOCATE FOR THE COMPLAINANT)

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

Applicant has filed this first anticipatory bail application under Section 439 of the Code of Criminal Procedure, 1973 on behalf of the applicant for grant of anticipatory bail relating to Crime No.161/2023 registered at P.S. Vijay Nagar, District Indore (M.P.) for commission of offence punishable under Sections 376, 376(2)(N), 377 and 506 of IPC.

As per the prosecution story, prosecutrix lodged an FIR at P.S. Vijay Nagar, District Indore by stating that on 27.09.2020 her marriage was settled with the present applicant with the consent of both the families. Thereafter, she Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 20-04-2023 10:29:59

used to talk with the present applicant and present applicant told her that they will marry very soon. After that present applicant called her in his home to show his room but on the pretext of marriage he committed rape upon her and also forcefully established unnatural sexual relationship with the prosecutrix, due to which she became pregnant. Then present applicant forcefully aborted the child and thereafter, married with another girl. Accordingly, offence has been registered against the present applicant.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. Due to the differences, his marriage with the prosecutrix could not take place and thereafter, on 02.12.2022

he solemnized marriage with another girl, but prosecutrix and her family members threatened and defamed him in the society. Applicant has also made several complaints against the prosecutrix before the higher Police Officer, but no action has been taken against the prosecutrix. He is not having any criminal past. He is a permanent resident of District Indore. Hence, he prays that the applicant be released on anticipatory bail.

In support of his contention, counsel for the applicant placed reliance upon the judgment delivered by Hon'ble Apex Court in the case of Abhishek Kumar Vs. State of Delhi reported in (2022) 6 SCC 399.

Per-contra, learned PL for respondent/State opposes the bail application and prays for its rejection.

Counsel for the complainant also opposes the bail application and prays for its rejection by submitting that prior and after the marriage applicant was regularly chatting with the prosecutrix and on the pretext of marriage he committed rape upon her. Chat records is also available on record. Applicant

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 20-04-2023 10:29:59

has also prepared obscene video of prosecutrix. Hence, he does not deserve for bail.

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 from perusal of the chatting between the present applicant and the prosecutrix, it reveals that present applicant has promised the prosecutrix for marriage; some of the photograph has also been filed to show their intimacy.

In view of the gravity of allegations levelled against the present applicant, this Court is not inclined to grant anticipatory bail to the present applicant.

Accordingly, this first anticipatory bail application preferred under Section 438 of Cr.P.C. is rejected.

Certified copy as per rules.

(ANIL VERMA) JUDGE Anushree

Signature Not Verified Signed by: ANUSHREE PANDEY Signing time: 20-04-2023 10:29:59