Ramesh vs State Of Madhya Pradesh

This is first bail application under Section 438 of the Cr.P.C., 1973 for grant of anticipatory bail. The applicant is apprehending arrest in connection with the case registered under Crime No.268/2019, P.S- City Kotwali, District - Dhar for the offences said to have been committed under Section 376, 376(2)(n), 294 of the IPC r/w Section 3/4 of the Protection of Children from Sexual Offences Act, 2012.

As per prosecution story, the prosecutrix lodged an FIR on 20.06.2019 against the applicant that in the year 2013 she was persuing studies of B.Sc. in Dharf and in the year 2014 she was aged about 17 years and used to live in a rented house. The accused/applicant called her in his room and made physical relationship and thereafter he promised for marriage and continued to make such relations with her. Thereafter, she came to Indore in the year 2016.

Shri Gopal Krishna Patidar, learned counsel for the applicant submits that the applicant is working in the SAF as Constable and he has performed marriage with the prosecutrix on 28.12.2018 and the certificate has been issued by Akhil Vishwa Gayatri Parivar and the applicant has also filed an affidavit sworned by the prosecutrix in respect of marriage on 28.12.2018. It is further submtited that there is a matrimonial dispute between the applicant and the prosecutrix and therefore, an FIR has been registered on the basis of false allegations. If the applicant is arrested then he will loose his job.

Shri Gaurav Verma, learned public prosecutor appearing on behalf of the respondent/State opposes the bail application and prays for rejection of the bail application.

In view of the aforesaid facts and circumstances of the case and also keeping in view the recent judgement passed by the Apex Court in the case of Dr. Dhruvaram Murlidhar Sonar Vs. the State of Maharashtra & Others,(Criminal Appeal No.1443 of 2018), without further commenting on the merits of the case, it would be appropriate to enlarge the applicant on bail.

Accordingly, the applicant - Ramesh S/o Lal Singh Chouhan is directed to be released on bail upon 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 Trial Court for his appearance before that Court during the pendency of trial.

Certified copy as per rules.