Madhya Pradesh High Court
Chandrapratap Shakya vs The State Of Madhya Pradesh on 6 June, 2025
NEUTRAL CITATION NO. 2025:MPHC-GWL:11712
1 MCRC-25059-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE VIVEK JAIN
ON THE 6 th OF JUNE, 2025
MISC. CRIMINAL CASE No. 25059 of 2025
CHANDRAPRATAP SHAKYA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sameer Kumar Shrivastava- Advocate for applicant.
Shri Harish Sharma- Public Prosecutor for respondent/State.
Shri Deepak Gupta- Advocate for complainant.
ORDER
This first application has been filed by the applicant under Section 482
of BNSS, 2023 for grant of anticipatory bail relating to Crime No.242 of
2025 registered at Police Station - Dehat, District Bhind (M.P.) for the
offence under Section 69 of BNS, 2023.
2. Learned counsel for applicant submits that applicant is in
Government Service and is working as Teacher. It is contended that as per
allegations of FIR, the applicant as well as the complainant belong to the
same community. The present applicant has stated to have made sexual
relations with the complainant on the pretext of marriage. It is argued that as
per the FIR allegations, marriage of the complainant with the applicant was
fixed with mutual consent of both the families and they used to meet with
each other and then entered into physical relationship. This went for a long
time and, thereafter, marriage did not take place and the applicant retracted
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from the promise of marriage. It is argued that the marriage was fixed by the
families and thereafter, the marriage did not take place because there were
differences between the families. It is further contended that prior to
registration of the FIR on 25.04.2025, the present applicant had filed a
private complaint before the JMFC, Bhind on 02.04.2025 wherein he sought
registration of offence against the complainant and her family members for
pressurizing the present applicant to marry the complainant and to extort
money from the applicant. Reliance has been placed on judgment of the
Hon'ble Supreme Court in the case of Jothiragawan Vs. State Rep. by the
Inspector of Police &Anr reported in SLP (CRL) No.6821 of 2024 wherein it
has been held that in similar circumstances, such type of allegations cannot
be taken to be gospel truth.
Per contra, learned counsel for State and of the complainant have
vehemently opposed the anticipatory bail application on the basis of material
available in the case diary and submitted that the present applicant
committed sexual assault on the victim under the pretext of marriage.
5. Considering the aforesaid, but without commenting anything
conclusively on the merits of the case, this Court is inclined to grant the
benefit of anticipatory bail to the applicant.
6. Accordingly, this application is allowed and it is directed that in
case, if the applicant appears before the Investigating Officer/trial Court
within fifteen days from today and furnishes a personal bond in the sum of
Rs. 1,00,000/- (Rupees One Lakh) with one surety in the like amount to the
satisfaction of the concerned Investigating Officer/trial Court, in the event of
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arrest, he shall be released on anticipatory bail. It is made clear that in case
if applicant fails to appear before the Investigating Officer/trial Court within
the fifteen days from today, then this order shall automatically stand
cancelled.
7. The applicant shall further abide by following conditions :-
(1) Applicant shall present himself before the concerned Court or the
Investigating Officer as the case may be as and when required to do so.
(2) Applicant shall not commit or get involved in any offence of
similar nature;
(3) Applicant 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 them/him/her from disclosing such facts to the Court or to the
police officer;
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(5) Upon submission of final report under Section 173 of Cr.P.C/ 193
of Bhartiya Nagrik Suraksha Sanhita, 2023, the applicant shall furnish fresh
personal bond and solvent surety of aforementioned amount to the
satisfaction of the Trial Court, if so directed and thereafter, shall remain
present on every date of hearing as may be directed by the concerned Court;
(6) During trial, the applicant shall ensure due compliance of
provisions of Section 309 of Cr.P.C/346 of Bhartiya Nagrik Suraksha
Sanhita, 2023, regarding examination of witnesses in attendance; This order
shall be effective till the end of trial. However, in case of breach of any of
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the preconditions of bail, the Trial Court may consider on merit cancellation
of bail without any impediment of this order.
8. The Trial Court shall get these conditions reproduced on the
personal bond by the accused and on surety bond by the surety concerned. If
any of them is unable to write, the scribe shall certify that he had explained
the conditions to the concerned accused or the surety.
C.C. as per rules
(VIVEK JAIN)
V. JUDGE
*AVI*
