Vikas Joshi vs The State Of Madhya Pradesh
2023 Latest Caselaw 15749 MP

                                                               1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                             ON THE 23 rd OF SEPTEMBER, 2023
                                          MISC. CRIMINAL CASE No. 25008 of 2023

                          BETWEEN:-
                          VIKAS JOSHI, AGED ABOUT 26 YEARS, OCCUPATION:
                          PRIVATE JOB R/O 1-3 PUNARVAS COLONY, DHAR
                          CHIKHALDA MARG, WARD NO. 5 KUKSHI, DISTT. DHAR
                          (MADHYA PRADESH)

                                                                                              .....APPLICANT
                          (BY SHRI RAJESH JOSHI - ADVOCATE)

                          AND
                          THE STATE OF MADHYA PRADESH
                          THROUGH POLICE STATION KUKSHI,
                          DIST. DHAR (MADHYA PRADESH)

                                                                                        .....NON APPLICANT
                          (BY SHRI MUKESH SHARMA - GOVERNMENT ADVOCATE)
                          (SHRI ANIL KUMAR NAMDEV - ADVOCATE FOR THE OBJECTOR)

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

1. Applicant's earlier bail application was rejected on merit vide order dated 11.4.2023 passed in MCRC No.14183/2023.

2. Applicant has filed this repeated second application under Section 439 of Cr.P.C. by stating that after rejecting the earlier bail application, charge sheet has been filed. Applicant belongs to the Brahman community. Neither he, nor his family members convert to Christianity. There is no proof of marriage in the Church. Prosecutrix and applicant know each other. Prosecutrix has lodged the FIR on the pressure made by her family members. Applicant is permanent Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 23-Sep-23 6:44:56 PM

resident of District Dhar. He is suffering jail incarceration since 6.3.2023. Hence he prays that the applicant be released on bail. Counsel for the applicant has also placed reliance upon the judgment of Hon'ble Apex Court in the case of Siddaruda @ Karna Vs. State of Karnataka vide order dated 22.2.2023 passed in Criminal Appeal No.295 of 2021, in which it has been held that:-

"11. It is thus, clear that the sexual act by the appellant with the prosecutrix, who are husband and wife, with the latter being above 15 years of age would not amount to rape as per Exception 2 to Section 375 of the IPC."

3. Per contra, learned counsel for the respondent/State opposes the bail

application and prays for its rejection by submitting that all these grounds have already been considered in the earlier order passed by this Court. There is no material change in the circumstances. Hence, the applicant does not deserve for bail.

4. Counsel for the prosecutrix and her family members also opposes the bail application and prays for its rejection.

5. Perused the case diary as well as the impugned order of the court below.

6. Considered all the facts and circumstances of the case, arguments advanced by counsel for the parties and nature and gravity of allegation. The fact of marriage of prosecutrix with the applicant and her statement under Section 164 of Cr.P.C. have already been considered in the earlier order. Applicant has submitted that he is a Brahman and marriage was not performed in the Church, but applicant did not produce any relevant document or prima facie proof showing that applicant has done marriage with the prosecutrix as per Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 23-Sep-23 6:44:56 PM

Hindu rites and rituals. There is no material changes in the circumstances in which the applicant may be entitled for bail. It is a serious case of conversion of religion and sexual exploitation of the prosecutrix who belongs to the Hindu community.

7. In view of the above, this Court is not inclined to allow the bail application. Accordingly, this 2nd bail application is dismissed.

(ANIL VERMA) JUDGE trilok

Signature Not Verified Signed by: TRILOK SINGH SAVNER Signing time: 23-Sep-23 6:44:56 PM