Madhya Pradesh High Court
Ashish Gupta vs The State Of Madhya Pradesh on 3 June, 2024
Author: Anand Pathak
Bench: Anand Pathak
1 MCRC-22572-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 3 rd OF JUNE, 2024
MISC. CRIMINAL CASE No. 22572 of 2024
BETWEEN:-
ASHISH GUPTA S/O SHRI VIJAY KUMAR GUPTA, AGED
ABOUT 18 YEARS, OCCUPATION: STUDENT R/O NEAR
SHUKLA DAIRY BUJURG ROAD DABRA, DISTRICT
GWALIOR (MADHYA PRADESH)
.....APPLICANT
(BY SHRI SIDDHARTH SIJORIA AND SHRI VIKAS BARUA- ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
STATION HOUSE OFFICER, POLICE STATION
DABRA DISTRICT GWALIOR (MADHYA PRADESH)
2. PROSECUTRIX P.S. DABRA GWALIOR (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PRAMOD PACHOURI - PUBLIC PROSECUTOR)
This application coming on for admission this day, the court passed the
following:
ORDER
1. This is the first application under Section 438 of the Cr.P.C filed by
t h e applicant who is apprehending his arrest in connection with Crime
No.364/2024 registered at Police Station Dabra, District-Gwalior, for the
offence punishable under Sections 376, 376(2)(n), 506 of the IPC.
2. It is the submission of learned counsel for applicant that applicant is a
young boy aged 18 years, apprehending his arrest on the basis of registration of
2 MCRC-22572-2024
offence as referred above. It is further submitted that prosecturix is married lady
aged 25 years and both, as per allegations, shared emotional and physical
proximity for sometime. When relationship started applicant was minor or 17
years and 8 months. As per allegation, on false pretext of marriage, relationship
continued. However; it is also submitted that prosecutrix is married lady and
therefore, she knew the result of the said relationship very well. It is a case of
relationship which turned soured. Counsel referred the judgment of Apex Court
in the case of Dr. Dhruvaram Murlidhar Sonar Vs The State of
Maharashtra and another, AIR 2019 SC 327 and Pramod Suryabhan
Pawar Vs. State of Maharastra, (2019) SCC OnLine SC 1073.
Confinement bring him social disrepute and personal inconvenience. He
undertakes to cooperate in trial/investigation. Applicant shall not be a source of
harassment and embarrassment to the complainant party in any manner and shall
not move in their vicinity. Under these grounds, he prayed for bail.
3. Learned for the respondent/State opposed the prayer and prayed for
dismissal of this bail application.
4. Heard learned counsel for the parties and perused the case diary.
5. 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 of the
like amount to the satisfaction of the Arresting Authority / trial Court.
6. This order shall remain operative subject to compliance of conditions
by the applicant:-
1. The applicant will comply with all the terms and conditions of
3 MCRC-22572-2024
the bond executed by him;
2. The applicant will cooperate in the investigation/ trial, as the
case may be;
3 . The applicant will not indulge himself in extending
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 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 will not seek unnecessary adjournments during
the trial;
6. The applicant will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall not involve himself in any criminal activity
in future otherwise, benefit of bail shall immediately be
withdrawn.
8. The applicant shall mark his presence before the
concerned Police Station on every Sunday between 10:30AM
to 02:30 PM till filling of charge-sheet.
7. Application stands allowed and disposed of.
8 . A copy of this order be sent to the trial Court concerned for
compliance and information.
Certified copy as per rules.
(ANAND PATHAK)
V. JUDGE
Rashid
