[Cites 4, Cited by 0]
Madhya Pradesh High Court
Anoop Kumar @ Pintu Gupta vs The State Of Madhya Pradesh on 4 February, 2026
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-3705-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3705 of 2025
(ANOOP KUMAR @ PINTU GUPTA Vs THE STATE OF MADHYA PRADESH )
Dated : 04-02-2026
Shri Vivek Kumar Mishra and Shri Atul Gupta - Advocates for the
appellant.
Shri Rajesh Kumar Shukla - Additional Advocate General for the
respondent/State.
Shri Divyanshu Sharma - Advocate for the complainant.
Heard on admission.
2. Record perused.
3. Appeal being arguable is admitted for final hearing.
4 . Also heard on I.A.No.26933/2025, third repeat application under
Section 389 (1) of Cr.P.C. for suspension of jail sentence and grant of bail
moved on behalf of sole appellant - Anoop Kumar @ Pintu Gupta.
5. This criminal appeal assails the judgment of conviction and order of
sentence dated 04.04.2025 passed by Special Judge (Offence against women)
and Sixth Additional Sessions judge, Gwalior in Sessions Trial No.396/2022,
whereby present appellant has been convicted and sentenced as under:
Section Imprisonment Fine
376(1) of IPC 7 Years RI Rs.2,000/- in default 1 months' RI
6. It is the submission of learned counsel for the appellant that the trial
Court erred in convicting and awarding jail sentence to the
appellant. Appellant has suffered incarceration of one year and five months
as pre and post-trial confinement and hearing of appeal shall take time.
2 CRA-3705-2025
7. It further submitted that case is of consent prima facie because FIR
is delayed by 20 days and allegation of offence under Section 328 of IPC
was also levelled against the appellant but in absence of any medical
examination or any such incriminating evidence, appellant is acquitted from
charge under Section 328 of IPC. He is implicated under Section 376 of IPC
but prosecutrix herself went with appellant to hotel and stayed there for some
time. No injury was found over the person of prosecutrix. DNA from vagina
swab was not matched although from cloth it was matched. Both share
emotional/physical proximity by consent and both are major. Appellant has
good case on merits. He undertakes to abide by all terms and conditions as
imposed by this Court. On such grounds, learned counsel prays for
suspension of sentence.
8. Learned counsel for the State as well complainant opposed the
prayer and prayed for dismissal of instant application for suspension of
sentence.
9. Heard learned counsel for the parties and perused the record.
10. Considering the rival submissions specially the fact that FIR is
delayed by 20 days and no injury was found over the person of prosecutrix
and both shared emotional/physical proximity prima facie by consent, this
Court intends to allow the present application.without commenting on the
merits of the case, this Court intends to allow the application for suspension
of sentence.
11. Accordingly, I.A.No.26933/2025 stands allowed. The execution
of remaining jail sentence of present appellant is hereby suspended, and it is
3 CRA-3705-2025
ordered that present appellant shall be released on bail upon his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with
two solvent sureties each of the like amount to the satisfaction of the trial
Court subject to depositing the fine amount (if not already deposited) with a
further direction to appear before the Registry of this Court on 27.04.2026
and also on such other dates, as may be fixed by the Registry of this Court in
this regard during pendency of this appeal.
12. Appellant shall not be the source of embarrassment and
harassment to the complainant/prosecutrix in any manner and shall not move
in their vicinity. Appellant shall not try to contact the prosecutrix either in
person or through somebody else or through digital/electronic mode;
otherwise, benefit of bail given today by way of suspension of sentence shall
be withdrawn immediately.
13. Observations on facts, if any, are only for the purpose of deciding
the instant I.A. and shall have no bearing on the merits of the appeal.
14. List for final hearing in due course.
1 5 . Copy of this order be sent to the trial Court concerned
for information and necessary compliance.
(ANAND PATHAK) (ANIL VERMA)
JUDGE JUDGE
SP
