Sudhanshu Chaturvedi vs The State Of Madhya Pradesh
2023 Latest Caselaw 1079 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                      AT JABALPUR
                            BEFORE
              HON'BLE SHRI JUSTICE ANAND PATHAK
                    ON THE 18 th OF JANUARY, 2023
               MISC. CRIMINAL CASE No. 2335 of 2023

BETWEEN:-
SUDHANSHU CHATURVEDI S/O SHRI GOPAL PRASAD
CHATURVEDI, AGED ABOUT 29 YEARS, OCCUPATION:
EDUCATED UNEMPLOYED, ADDRESS: 179A CRYSTAL
IDEAL CITY PHASE 2, AWADHPURI, BHOPAL (MADHYA
PRADESH)

                                                                .....APPLICANT
(BY SHRI ANURAG GOHIL - ADVOCATE )

AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION AWADHPURI, BHOPAL (MADHYA PRADESH)

                                                             .....RESPONDENT
(BY SHRI AJIT RAWAT - GOVERNMENT ADVOCATE )

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

This is the first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.307/2022 registered at Police Station- Awadhpuri, Bhopal, for the offences punishable under Section 376(2)(N) of the IPC.

It is submitted by the learned counsel for the applicant that prosecutrix and applicant shared emotional and physical proximity for sometime and as per the allegations when the applicant turned down the proposal for marriage, then this case has been registered. In fact both shared relationship with consent and

the applicant wanted to marry her and, therefore, as per the allegations itself they went to Arya Samaj Mandir for marriage but since it was closed, therefore, marriage could not be solemnized. Prosecutrix is a divorcee and has objectionable relationship with some other person, therefore, on discovery of such fact, the petitioner back tracked.

Learned counsel for the applicant referred the earlier divorce proceedings undertaken between the prosecutrix and her husband, which was never disclosed during the relationship. He relied upon the judgments of the Apex Court in the case of Pramod Suryabhan Pawar Vs. The State of Maharashtra and others reported in (2019) 9 SC 608 and Sonu @

Subhash Kumar Vs. State of U.P. and another reported in AIR 2021 SC 1405. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes to cooperate in the investigation/trial and to make himself available as and when required. He would not be source of harassment and embarrassment in any manner to the prosecutrix in any manner. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant.

Learned Government Advocate for the State opposed the prayer and prayed for dismissal of this bail application.

Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the learned counsel for the parties, without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. It is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/trial Court.

This order shall remain operative subject to compliance of the following stringent conditions by the applicant:-

1. The applicant shall comply with all the terms and conditions of the bond executed by him;

2. The applicant shall cooperate in the investigation/trial, as the case may be;

3. The applicant shall not indulge himself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;

4. The applicant shall not commit an offence similar to the offence of which he is accused;

5. The applicant shall not seek unnecessary adjournments during the trial;

6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be;

7. The applicant shall mark his presence on every Sunday before the police station concerned between 10:00 am to 2:00 pm for investigation purpose, till filing of the charge-sheet and any default shall dis-entitle him from the benefit of anticipatory bail.

8. The appellant would not be a source of embarrassment or

harassment to the prosecutrix in any manner and shall not move in the vicinity of prosecutrix in future and shall not try to contact prosecutrix in person through electronic mode or through somebody else.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance

and information.

Certified copy as per rules.

(ANAND PATHAK) JUDGE Vikram

VIKRAM SINGH 2023.01.19 12:28:18 +05'30'