Babulal Dipanker (Pahalwan) vs State Of Madhya Pradesh

Atul Sreedharan, J

This is the first bail application filed by the applicant under Section 438 of the Cr.P.C for grant of anticipatory bail to the applicant, who is

apprehending his arrest in connection with Crime No.649/2020 registered at Police Station Kotwali, District Sehore for the offence under Sections 376

& 506 of the Indian Penal Code.

The case diary does not bear the 164 statement.

Learned counsel for the State while opposing the application for grant of anticipatory bail has read out from the F.I.R and the 161 statement of the

prosecutrix. She says that the applicant and she were working in the same Bahujan Samaj Party and were from the same community and that under

the pretext of the marriage, the applicant has been maintaining sexual relationship with the prosecutrix since 1.5.2017 till 31.12.2018. She says that her

repeated entreaties to the applicant to marry her and make their relationship public was refused on one ground or the other by the applicant till finally

he threatened her with dire consequences if she attempts to make their relationship public.

Looking at the facts and circumstances of this case especially that the prosecutrix herself is a married woman and had voluntarily entered into a

relationship which existed between 1.5.2017 till 31.12.2018 and thereafter she delayed the registration of the F.I.R by another one and a half years

prima facie reflects consent on the part of the prosecutrix. Under the circumstances, the application is allowed.

It is directed that if applicant Babulal Dipanker (Pahalwan) is arrested by the Arresting Officer, he shall be enlarged on bail upon his furnishing a

personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting

Officer.

Certified copy as per rules.