Madhya Pradesh High Court
Kamal Kishore vs The State Of Madhya Pradesh on 24 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:1490
1 MCRC-2527-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
ON THE 24th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 2527 of 2025
KAMAL KISHORE
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sameer Kumar Shrivastava - Advocate for the applicant.
Shri Abhishek Bhadoriya - Public Prosecutor for respondent
No.1/State.
Shri Pallav Tripathi - Advocate for respondent No.2.
ORDER
This is the first application filed by the applicant under Section 483 of
BNSS (439 of Cr.P.C.) for grant of bail relating to Crime No.18/2025
registered at Police Station Janakganj District Gwalior (M.P.) for the offence
under Sections 64(2)(M) and 351(3) of BNS.
2. Allegation against the applicant is of committing rape with the
prosecutrix on the pretext of solemnizing marriage.
3. Learned counsel for the applicant submits that applicant is innocent and
has been falsely implicated in the case. He is in custody since 09.01.2025. As
per the allegations, present applicant on the pretext of solemnizing marriage
with the prosecutrix has committed rape with her. The FIR has been lodged
after two months. There is no explanation of such delay. Moreso, the conduct
NEUTRAL CITATION NO. 2025:MPHC-GWL:1490
2 MCRC-2527-2025
of the prosecutrix is also important to be seen. Earlier she has lodged FIR
against one Ravi at crime No.541/2016 under Sections 376, 506 of IPC in
which father of the prosecutrix has categorically admitted that there was no
divorce between the prosecutrix and her first husband Jitendra. In that
offence, the accused has been declared acquitted vide judgment dated
06.09.2019 in S.T.No.391/2016 by Tenth Additional Sessions Judge,
Gwalior, copy of which is appended with the file. It is also submitted that
similarly second FIR has been lodged by the prosecutrix against Deepak
under Sections 376, 506 of IPC at Crime No.02/2018 at Mahila Thana,
Gwalior. In that case, prosecutrix herself turned hostile and did not support
the story of prosecution. Thereafter again the prosecutrix lodged another FIR
at crime No.556/2019 registered at police Station Bahodapur, Distt. Gwalior,
under Sections 354, 341, 294, 506 of IPC against same person Deepak
against whom she lodged earlier FIR and in this case also she turned hostile
and did not support the story of prosecution. Thereafter an FIR has been
lodged against prosecutrix herself under Section 388/34 of IPC at crime
No.358/2024 at police Station, Janakganj, Gwalior. The entire conduct of the
prosecutrix shows that she is habitual of lodging false FIR against various
persons and in that continuance she has lodged this FIR also. She is
undisputedly major and earlier two marriages have been solemnized by her
and no such offence has occurred. Applicant has no criminal history. He is
ready and willing to abide by any condition which may be imposed by the
Court. Conclusion of trial will take time. On these grounds, learned counsel
Signatureprays for grant of bail to the applicant.
Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 25-01-2025
10:53:10 AM
NEUTRAL CITATION NO. 2025:MPHC-GWL:1490
3 MCRC-2527-2025
4. Per contra, learned counsel for the State as well as complainant opposed
the bail application and prayed for its rejection.
5. Heard learned counsel for the parties and perused the case diary.
6. Having considered the rival submissions and attending facts and
circumstances of the case as well as that similarly situated co-accused has
been released on bail, without commenting anything on the merits of the
case, the application is allowed. It is directed that the applicant be released on
bail on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One
Lac Only) with a solvent surety in the like amount to the satisfaction of the
trial Court/committal Court.
7. This order will remain operative subject to compliance of the following
conditions by the applicant:-
i) The applicant will comply with all the terms and conditions of the
bond executed by him;
ii) The applicant will cooperate in the investigation/trial, as the case
may be;
iii) 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/her from disclosing such facts to the Court or to the Police
Officer, as the case may be;
iv) The applicant will not commit any other offence or will not repeat
the offence in future. In case, if he is found involved in the offence of same
nature, this bail order shall stand cancelled automatically without further
Signaturereference
Not Verifiedto the Bench.
Signed by: MADHU
SOODAN PRASAD
Signing time: 25-01-2025
10:53:10 AM
NEUTRAL CITATION NO. 2025:MPHC-GWL:1490
4 MCRC-2527-2025
v) The applicant will not seek unnecessary adjournments during the
trial;
vi) The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be.
Copy of this order be sent to the trial Court concerned for compliance.
Certified copy as per rules.
(RAJENDRA KUMAR VANI)
JUDGE
ms/-
