Kuldeep Rajput vs State Of Madhya Pradesh

Dinesh Kumar Paliwal, J

This is the first application filed by the applicant under Section 438 of Cr.P.C for grant of anticipatory bail relating to FIR No.709/2023, dated 26.12.2023, registered at Police Station Gopalganj, District Sagar (M.P.) for commission of offences under Sections 366, 376, 376(2)(n), 506, 313 of IPC. Applicant apprehending his arrest in the aforesaid offences has knocked the portal of this Court for grant of anticipatory bail.

As per the prosecution story, prosecutrix was in relationship with the present applicant since 2011. On 20.06.2021, applicant filled vermillion on the head of the prosecutrix. Thereafter, they continuously established physical relations with each-other and in this period, prosecutrix also visited the house of applicant where she came to know that applicant is already married and is father of two children. Evenafter knowing the factum of marriage of applicant, she continued her relationship and in this period, prosecutrix conceived 5 times, but all the times, they got the fetus aborted. Lastly on 21.09.2023, they established physical relation. Now, applicant has refused to marry with her. Therefore, after living 12 years in relationship, on the basis of written complainant, F.I.R. was registered.

Learned counsel for the applicant has submitted that applicant is innocent. He has not committed any offence. He has been falsely implicated. It is submitted that applicant and prosecutrix both are major. Prosecutrix was well aware about the fact that applicant is a married man, though she lived in live-in-relationship with him, but when relationship is not working, she has lodged F.I.R. No offence under Section 376 of IPC is made out. Applicant will cooperate with the investigation. Therefore, it is prayed that applicant may be released on anticipatory bail.

O n the other hand, learned counsel for the State as well as learned counsel for the objector have opposed the grant of anticipatory bail to the applicant. But, learned counsel for the State has fairly admitted that after living 12 years in live-in-relationship, prosecutrix has lodged FIR.

In this case, applicant & proseuctrix both are major and they have remained in live-in-relationship almost for a period of 12 years and when relationship is not working, prosecutirx has lodged F.I.R. Therefore, having taken into consideration the overall facts and circumstances of the case, material available on record and the submissions put-forth by learned counsel for the parties, but without expressing anything on the merit, I am of the view that it is a case in which applicant may be released on anticipatory bail. Consequently, this first anticipatory bail application under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail filed on behalf of applicant stands allowed.

It is directed that in the event of arrest applicant - Kuldeep Rajput be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority. At stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court to its satisfaction subject to following conditions:-

(i) Applicant shall make himself available for interrogation by a police officer as and when required;

(ii) Applicant is directed to join investigation, then and there.

(iii) 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 from disclosing such facts to the Court or to any police officer;

( iv ) I n case, applicant is not arrested within a period of 07 days by the Investigation Officer, he shall surrender himself before the Investigation Officer within 10 days' from today failing which this order shall become ineffective.

However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicant as per law.

Certified copy as per rules.