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2023 Supreme(MP) 564
IN THE HIGH COURT OF MADHYA PRADESH
Nandita Dubey, J.
Ramratan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61725 of 2022
Decided On : 02-01-2023
Baldev Patel, Advocate, Somesh Gupta, Advocate, K.K. Kushwaha, Advocate
Headnote:
Ad-Interim Bail - Applicant's Arrest in Connection with Offences under IPC - Applicant Granted Ad-Interim Bail
Fact of the Case:
The applicant, an Indian Army personnel, sought ad-interim bail in connection with a case registered against him for offences under Sections 376-D, 376(2)(n), 506 of IPC. The complainant alleged that the applicant had sexual intercourse with her on the pretext of marriage.
Finding of the Court:
The court granted ad-interim bail to the applicant, considering the submission that the complainant was major and in a consensual relationship with the applicant. The court also directed the complainant to verify if she was willing to marry the applicant.
Issues: Apprehension of arrest, consensual relationship, threat of false complaint, impact on applicant's career
Ratio Decidendi: The court considered the nature of the relationship between the applicant and the complainant, the potential impact on the applicant's career, and the need for verification of the complainant's willingness to marry the applicant.
Final Decision: The court allowed the application for ad-interim bail and directed the applicant to be released on furnishing a personal bond.
JUDGMENT
Nandita Dubey, J. - Heard on I.A. No.54/2023, which is an application for grant of ad-interim bail to the applicant.
2. The applicant apprehends his arrest in connection with Crime No.399/2022 registered at Police Station- Station Road Pipariya, District Narmadapuram, for the offences punishable under Sections 376-D, 376(2)(n), 506 of IPC.
3. The applicant is posted in Indian Army and an FIR has been lodged against him by the prosecutrix/complainant that on the pretext of marriage the applicant has committed sexual intercourse with her.
4. Learned counsel for the applicant submits that the prosecutrix is major and having an affair with the applicant. He is ready to marry the prosecutrix and even as per the allegation the relation between the prosecutrix and himself is consensual. It is submitted that a false complaint has been lodged under the threat and force of the family members of the prosecutrix. It is stated that in case if the applicant is arrested his career will be jeopardized.
5. Learned counsel for the complainant prays for a week's time to verify as to whether the prosecutrix is ready to marry the present applicant or not.
6. Considering the aforesaid, list this matter in the next week.
7. In the meanwhile, as an interim protection, it is directed that in the event of arrest, applicant shall be released on ad-interim bail on his furnishing a personal bond for a sum of Rs.30,000/- (Rupees Thirty Thousand only) with one surety in the like amount to the satisfaction of the arresting officer.
8. Accordingly, this application for ad-interim bail (I.A. No.54/2023) is allowed.
