Dilip vs The State Of Madhya Pradesh
2023 Latest Caselaw 3546 MP

                                                   1
               IN         THE     HIGH COURT OF MADHYA PRADESH
                                        AT INDORE
                                            BEFORE
                                HON'BLE SHRI JUSTICE ANIL VERMA
                                   ON THE 28 th OF FEBRUARY, 2023
                                MISC. CRIMINAL CASE No. 9642 of 2023

              BETWEEN:-
              DILIP S/O DHYAN SINGH CHOUHAN,
              AGED ABOUT 33 YEARS,
              OCCUPATION: MOBELIZER (SERVICE)
              R/O: GRAM DONGLA, TEHSIL MANAWER DISTRICT
              DHAR (MADHYA PRADESH)

                                                                                   .....APPLICANT
              (BY SHRI NILESH SHARMA - ADVOCATE)

              AND
              THE STATE OF MADHYA PRADESH
              THROUGH POLICE STATION MANAWAR DISTRICT
              DHAR (MADHYA PRADESH)

                                                                             .....NON APPLICANT
              (BY SHRI SANTOSH SINGH THAKUR - GOVERNMENT ADVOCATE)

                      This application coming on for admission this day, 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.134/2023 registered at P.S. - Manawar, District Dhar (M.P.) for commission of offence punishable under Section 376, 323, 506 of IPC.

As per the prosecution story, prosecutrix lodged an FIR at P.S. Signature Not Verified Manawar by stating that she works in Gram Panchayat, Sitrapur on the post of Signed by: TRILOK SINGH SAVNER Signing time: 01-Mar-23 10:19:27 AM mobilezer. All the workers given memo to MLA, where she met to applicant and

recognized hm. Then she used to talk to applicant. On 12.2.2022 applicant came to her room and forcefully committed rape upon her and on the pretext of marriage applicant repeatedly committed rape upon her. When prosecutrix told the applicant for doing marriage, then applicant denied for marriage and beaten her and threatened her that if she will ask for marriage, he will kill her. Accordingly offence has been registered.

Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this matter. There is no legal evidence to connect the applicant with the aforementioned offence. FIR has been lodged belatedly. No offence is made out against the present applicant. Prosecutrix is a

major lady. She remained in the company of the applicant on her own accord. Applicant has given written complaint to the S.P. Dhar by stating that prosecutrix threatened to him and demanded Rs.2 Lakh and she is not giving his laptop. Hence, he prays that the applicant be released on anticipatory bail.

Counsel for the applicant has also placed reliance upon the judgment of the Hon'ble Apex Court dated 30.1.2023 passed in Criminal Appeal No.257 of 2023 as well as the order dated 16.3.2022 passed by the Gwalior Bench in MCRC No.13526/2022.

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

Perused the case diary as well as the impugned order of 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

Signature Notnote of the fact that applicant is Verified a married person and he has admitted his Signed by: TRILOK SINGH SAVNER relationship with the prosecutrix in his complaint, therefore, in view of the Signing time: 01-Mar-23 10:19:27 AM

evidence available on record, without commenting upon merits of the case, this Court is not inclined to grant anticipatory bail to the applicant.

Hence, this M.Cr.C. is hereby rejected.

C.C. as per rules.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 01-Mar-23 10:19:27 AM