Anmol Tripathi vs State Of Madhya Pradesh

Milind Ramesh Phadke, J

This is the first application filed by the applicant under Section 482 of BNSS seeking anticipatory bail in connection with Crime No.302/2025 registered at Mahila Thana, Padav District Gwalior for the offences punishable under Sections 69, 351(3) of BNS.

The prosecution case, in brief, is that the complainant, who is working as a Jail Warden, lodged a report alleging that the applicant, who is posted as a Constable, developed physical relations with her on the pretext of marriage. Thereafter, he resiled from his promise and refused to solemnize marriage. On the basis of the said allegations, the present crime was registered.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the case. It is submitted that in view of the allegations made in the FIR, present applicant and the prosecutrix both were in relationship for long time and both are major and allegations made against the present applicant is that on a false promise of marriage, he developed physical relationship with the prosecutrix and later on refused to fulfill his promise and not entering into marriage with the prosecutrix. Applicant is government servant, therefore, confinement may bring him social disrepute and personal inconvenience.

Learned counsel for the State, on the other hand, opposed the bail application by submitting that it was a case of false promise of marriage and that fulfills the requirement of section 69 of BNS. It is further submitted that looking to the allegation made against the present applicant, the offence registered against him does not allow him to grant anticipatory bail. The anticipatory bail application, therefore, be rejected.

Learned counsel for the complainant vehemently opposed the bail application and prayed for its rejection.

Heard counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, the nature of allegations, this Court is of the opinion that the applicant has made out a case for grant of anticipatory bail.

Accordingly, without commenting upon merits of the case, the present anticipatory bail application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand Only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency.

This order will remain operative subject to compliance of the following conditions by the applicant :-

(1). The applicant will comply with all the terms and conditions of 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 him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4). 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.

Copy of this order be sent to the trial Court/Police Station concerned for compliance.

Certified copy as per rules.