Bail Granted Under S.483 BNSS: MP High Court Considers 'Love Affair' Evidence & Husband's Alleged Coercion in Extortion Case

MP High Court Grants Bail in Alleged Extortion Case, Citing Evidence of "Love Affair"

JABALPUR, MP - The High Court of Madhya Pradesh has granted regular bail to Ajeet Pal Singh, a man accused of sexual assault and extortion against an elected municipal Chairman, after his counsel presented evidence suggesting a pre-existing consensual relationship between the two.

Justice Devnarayan Mishra, while allowing the third bail application filed by Singh, took into consideration material that included a divorce petition filed by the complainant's husband, which named Singh and alleged an adulterous affair. The court granted bail on a personal bond of Rs. 50,000, without commenting on the merits of the case.

Background of the Case

Ajeet Pal Singh was arrested on January 13, 2025, in connection with an FIR registered at Police Station Kotwali, District Sidhi. The charges against him include offences under Sections 64(1) (sexual intercourse by deceitful means), 308(5) (sexual intercourse without consent), 296 (extortion), and 351(3) (assault or criminal force to woman with intent to outrage her modesty) of the Bharatiya Nyaya Sanhita, 2023.

His two previous bail applications had been dismissed as withdrawn. This third application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, brought new material before the court.

Arguments Presented

Applicant's Submissions: The applicant's counsel argued that the case was not one of assault and extortion, but a "love affair" gone sour. Key arguments included: - Consensual Relationship: The applicant and the victim, a "well-educated lady and an elected Chairman of municipality," were in a consensual relationship, supported by photographs and telephonic conversations. - Husband's Coercion: It was alleged that the victim's husband, upon discovering the affair, filed for divorce on grounds of adultery in November 2024, naming Singh as a respondent. The applicant's counsel claimed the husband pressured his wife into lodging the FIR against Singh. - False Allegations: The defense contended that the theory of blackmailing and extortion was "false and frivolous," pointing out that an alleged transaction was a loan from the applicant's uncle, not an extortion payment. They also highlighted that the husband's divorce petition was later dismissed for non-prosecution after the FIR was filed.

Prosecution's Opposition: The State and the complainant's counsel vehemently opposed the bail plea, arguing: - Blackmail and Extortion: The prosecution alleged that Singh used obscene videos and photos of the victim, recovered from his mobile phone, to blackmail and sexually assault her. They claimed he used extorted money to purchase a car. - Criminal History: The prosecution pointed to Singh's criminal history, including a conviction for assaulting a public servant and a pending appeal against an acquittal in a separate rape case. - Trial Delay: It was argued that the applicant's mother, a co-accused, was absconding after receiving anticipatory bail, thereby holding up the trial proceedings for which the applicant was responsible.

Court's Reasoning and Decision

After hearing both sides, Justice Devnarayan Mishra observed that "it is clear that the parties were well acquainted with each other."

"...Considering the facts and circumstances brought on record and on going through the material placed by learned counsel for the applicant, it is clear that the parties were well acquainted with each other. Thus, without commenting anything on the merits of the case, this application is allowed..."

The court decided to grant bail, stipulating several conditions. Singh is prohibited from threatening the victim or witnesses, must appear personally at every court hearing, and must not commit any other offence. The order specifies that should another criminal case be registered against him within a year, the bail order will automatically cease to have effect.

The final decision allows for Singh's release pending trial, shifting the focus to the upcoming court proceedings where the competing narratives of a consensual affair and coercive blackmail will be fully examined.