Shubham Singh vs State of Madhya Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 931

ANIL VERMA
Shubham Singh – Appellant
Versus
State of Madhya Pradesh – Respondent

Advocates Appeared:
Shri Vivek Singh, Adv, for the Appellant; Shri Viraj Godha, PL) (Objector By Shri Shashank Kumar Jain, Adv.), for the Respondent

JUDGMENT

1. This is the first bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of the applicant for grant of bail. The applicant is in custody since 27/06/2022 in connection with Crime No.1037/2022 registered at Police Station - Banganga, District Indore (M.P.) for commission of offence punishable under Section 376(2)(N), 294 and 506 of the Indian Penal Code, 1860.

2. As per prosecution story, a written complaint was filed by the prosecutrix on 26/06/2022 alleging that she works as a beautician and know the present applicant as she used to live in the same colony for last twelve years. They were in touch telephonically a applicant used to visit her house. When the prosecutrix was alone at her house, the applicant sexually harassed her without her consent. When the prosecutrix threatened the applicant to lodge a report, he gave a promise to the prosecutrix to get marry with her.

3. On this pretext also, applicant committed sexual intercourse many times and after June, 2022 applicant refused to get marry with the prosecutrix. Accordingly, an offence has been registered against the applicant.

4. Learned counsel for the applicant submits that the a

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