Madhya Pradesh High Court
Thakurdas Prajapati vs The State Of Madhya Pradesh on 20 June, 2024
1 MCRC-22509-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 22509 of 2024
(THAKURDAS PRAJAPATI Vs THE STATE OF MADHYA PRADESH)
Dated : 20-06-2024
Shri Hemant Singh- Advocate for the applicant.
Shri Ravindra Singh- PP for the respondent/State.
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.204/2024
registered at Police Station Madhoganj, District Gwalior (M.P) for the offence
punishable under Sections 376, 376(2)n of IPC.
2. Learned counsel for the applicant submits that as per prosecution
version the applicant has committed the act of sexual assault on the prosecutrix
under false pretext of marriage. As per prosecution case, the physical
relationship between the applicant and the prosecutrix were going on since quite
sometime and the last such instance was on 05.05.2024.
3. Learned counsel for the applicant further argued that the prosecutrix is
a major lady, who is already married but is living separately from her husband
since last sometime. The applicant is stated to be of nearly the same as the
prosecutrix. Counsel for applicant has placed reliance upon the judgments
passed by Apex Court in cases of Dhruvaran Murlidhar Sonar Vs. State of
Maharashtra, AIR 2019 SC 327, Pramod Suryabhan Pawar Vs. State of
Maharashtra, AIR 2019 SC 4010 and Ansaar Mohammad Vs. State of
Rajasthan, 2022 SCC Online SC 886.
4. Learned counsel for the respondent/State opposes the and prayed for
dismissal of this bail application.
5. Heard learned counsel for the parties and perused the case diary.
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6. Considering the submissions advanced by the learned counsel for the
parties and looking to the nature of allegations, and without commenting on the
merits of the case, this Court is inclined to grant anticipatory bail to the
applicant. In terms of the judgment of the Supreme Court in case of XYZ
Vs. State of Madhya Pradesh & Ors., reported in 2021 (16) SCC 179, it
will be appropriate to impose stringent conditions. 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 two
solvent sureties of the like amount to the satisfaction of the Arresting
Authority/trial Court.
7. This order shall remain operative subject to compliance of following
conditions by the applicant:-
a. The applicant will comply with all the terms and conditions of
the bond executed by him;
b. The applicant will cooperate in the investigation/ trial, as the
case may be;
c. 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 him from disclosing such facts to the Court
or to the Police Officer, as the case may be.
d. The applicant shall not commit an offence similar to the offence
of which he is accused;
e. The applicant will not seek unnecessary adjournments during the
trial;
f. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be;
g. The applicant shall not involve himself in any criminal activity in
future otherwise, benefit of bail shall immediately be withdrawn.
h. In case of bail jump, this order will become ineffective.
i . The applicant shall not move in the vicinity of the
prosecutrix in any manner and shall not try to contact her
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through electronic mode or through any person and would
not cause any embarrassment or harassment to the
prosecutrix, otherwise benefit of his bail application shall
immediately be withdrawn.
8. Application stands allowed and disposed of.
9. A copy of this order be sent to the trial Court concerned for
compliance and information.
10. Certified copy as per rules.
(VIVEK JAIN)
V. JUDGE
shivani
