Abhilash Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 17011 MP

                                                              1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK RUSIA
                                               ON THE 12 th OF OCTOBER, 2023
                                          MISC. CRIMINAL CASE No. 45626 of 2023

                           BETWEEN:-
                           ABHILASH YADAV S/O DINESH YADAV, AGED ABOUT 32
                           YEARS, OCCUPATION: SERVICE R/O 28B, SHRADDHA
                           SHRI COLONY, INDORE (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (SHRI VIVEK SINGH, ADVOCATE.)

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

                           2.    VICTIM X THROUGH P.S. VIJAY NAGAR, INDORE
                                 (MADHYA PRADESH)

                                                                                        .....RESPONDENTS
                           (SHRI SUDHANSHU VYAS, PANEL LAWYER.)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                               ORDER

01. This is first application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail. The applicant is apprehending his arrest in connection with Crime No.867/2023 registered at Police Station - Vijay Nagar, Indore for the offences punishable under Sections 376(2)(n), 323 and 506 of IPC.

02. As per prosecution story, the respondent No.2-Prosecutrix lodged an FIR against this applicant that she met with the applicant in the year 2011-12, Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 12-10-2023 17:09:44

she was subjected to sexual assault from 2015-17 on the pretext of marriage. An FIR was registered at crime No.406/2017 under Section 376(2)(n), 506(2), 323 and 3(2) (V) and 3(2) (VA) of SC/ST Act . In the said case, he has been acquitted by the Trial Court. Thereafter again he gave a false promise for marriage and made physical relationship with the prosecutrix. On 05.02.2023 she came to know that he has been engaged with some other lady, thus on the pretext of marriage, he committed rape upon the prosecutrix.

03. The prosecutrix has wrongly been made party in this bail application and there is no provision for issuance of notice to victim.

04. Shri Vivek Singh, learned counsel for the applicant submits that she is

in a habit of making false allegation against this applicant. Earlier he has been honorably acquitted vide judgment dated 05.11.2022. She is a major lady and she understands the promises and making physical relationship etc. The applicant has also made a complaint to the police that she is blackmailing him and putting undue pressure before lodging the FIR.

05. I have perused the record as well as case diary.

06. The applicant has made out a prima facie case for anticipatory bail.

07. Keeping in view the fact in totality and without expressing any opinion on the merits of the case, application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the following conditions:

(a) the applicant shall co-operate with the investigation and make himself available for interrogation by a police officer as and when required; Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 12-10-2023 17:09:44

(b ) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail shall be liable to be cancelled;

(d) he shall not leave the territory of India without the prior permission of the Court.

Certified copy, as per rules.

(VIVEK RUSIA) JUDGE Divyansh

Signature Not Verified Signed by: DIVYANSH SHUKLA Signing time: 12-10-2023 17:09:44