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ANIL VERMA
Lalit Namdev – Appellant
Versus
State of Madhya Pradesh – Respondent
JUDGMENT
1. This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.464/2022 registered at P.S. - Nilganga, District Ujjain (M.P.) for commission of offence punishable under Section 376(2)(n), 506 of INDIAN PENAL CODE , 1860.
2. As per the prosecution story, on 20.8.2022 prosecutrix made a written complaint before P.S.-Nilganga, District Ujjain (M.P.) by stating that on the pretext of marriage the applicant made physical relationship with her. In the year 2015 present applicant first time met her and after sometime he told her that he loves her and wants to marry with her. Due to physical relationship with the present applicant, prosecutrix became pregnant in the year 2020. When she asked for marriage, applicant every time has postponed the marriage. On 22/11/2022 she gave birth to a child and after that she came to know that applicant is already married but applicant continued to have physical relationship with her. After six months applicant denied for the marriage with her.
3. Learned counsel for the applicant submits that the applicant is innocent and he ha
Grant of anticipatory bail based on the factual matrix, conduct of the parties, and lack of threat perception from the prosecutrix.
Grant of anticipatory bail based on the absence of criminal antecedents, the applicant's background, and the undertaking to not pressurize the prosecutrix or witnesses.
A promise of marriage does not constitute rape if the relationship was consensual and there is no evidence of a false promise from the beginning.
Consent in relationships involving married individuals can negate claims of sexual offense based on false promises of marriage, impacting the viability of prosecution under relevant laws.
Inducement to have a physical relationship by promising marriage must have a clear nexus with moment promise of marriage cannot be held out as an inducement for engaging in sex over a protracted and ....
Anticipatory bail can be granted despite serious allegations if investigation is complete and there is no indication of misuse of prior protection granted by the court.
The court determined that continued consensual relations between parties undermined allegations of coercion, allowing bail based on absence of credible evidence of force.
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