Robin Goud vs The State Of Madhya Pradesh
2023 Latest Caselaw 6978 MP

                                                              1
                            IN      THE         HIGH COURT OF MADHYA PRADESH
                                                      AT GWALIOR
                                                        BEFORE
                                           HON'BLE SMT. JUSTICE SUNITA YADAV
                                                  ON THE 28 th OF APRIL, 2023
                                           MISC. CRIMINAL CASE No. 14599 of 2023

                           BETWEEN:-
                           ROBIN GOUD S/O SHRI RAKESH GOUD, AGED ABOUT 22
                           YEARS, R/O 84 TYPE 2, 84 SHASTRI NAGAR, GANDHI
                           ROAD, GWALIOR (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI AYUSH CHOURASIA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH INCHARGE POLICE
                           STATION THROUGH POLICE STATION UNIVERSITY,
                           DISTRICT GWALIOR (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (SHRI V.P.S. TOMAR - PANEL LAWYER FOR THE STATE AND SHRI VINAY
                           KUMAR - ADVOCATE FOR THE COMPLAINANT)

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

The applicant has filed this first application u/S.438 Cr.P.C. for grant of anticipatory bail.

T h e applicant is apprehending his arrest in connection with Crime No.71/2023 registered at Police Station University, District Gwalior (M.P.) for the offence punishable under Sections 376 of IPC.

T he allegation leveled against the present applicant/accused is that he committed rape upon the prosecutrix on false pretext of marriage.

Learned counsel for the applicant-accused argued that the applicant is Signature Not Verified Signed by: MONIKA SHARMA Signing time: 29-04-2023 01:41:47 PM

innocent and has been falsely implicated. Prosecutrix is a major woman. It is further argued that the entire prosecution story is highly suspicious and improbable because as per the statement of prosecutrix, even after knowing the fact that applicant/accused is evading to marry her, the prosecutrix and present applicant had sexual relationship on 06/02/2023 in a guest house. As per FIR, the grievance of prosecutrix is that the applicant/accused switched off his mobile phone when she insisted upon for marriage, however, the prosecutrix had kept the mobile phone of applicant/accused which is evident form the seizure memo, according to which the mobile phone of applicant has been seized form the possession of the prosecutrix. Further argument is that the

Apex Court in catena of judgment has held that a sexual relationship between two willing adult partners will not amount to rape coming within the purview of section 376 of IPC, unless the consent for sex was obtained by a fraudulent act or misrepresentation. In this case, said fact is not there. Applicant has no criminal history. It is submitted by the counsel for the applicant that the applicant is ready and willing to co-operate in the investigation and shall abide by all the terms and conditions as may be imposed by this Court; therefore, he prays for grant of anticipatory bail.

O n the other hand, learned State counsel as well as counsel for the complainant have vehemently opposed the application.

Heard learned counsel for the rival parties and perused the case diary available on record.

Considering the facts and circumstances of the case and material available on record, but without expressing any opinion on merits of the case, this application is allowed and it is directed that in the event of arrest, the applicant be released on bail, on executing a personal bond in the sum of Signature Not Verified Signed by: MONIKA SHARMA Signing time: 29-04-2023 01:41:47 PM

Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the Arresting Officer/Investigating Authority.

The applicant shall further abide by other conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified copy as per rules.

(SUNITA YADAV) JUDGE Monika

Signature Not Verified Signed by: MONIKA SHARMA Signing time: 29-04-2023 01:41:47 PM