IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR st ON THE 21 OF MARCH, 2024 MISCELLANEOUS CRIMINAL CASE No. 10953 of 2024 BETWEEN:-

ARJUN LIKHAR S/O SHRI RAMNATH LIKHAR WRONGLY MENTIONED IN THE ORDER AS LIKCHAR, AGED ABOUT 33 YEARS, R/O KOTAWALA MOHALLA, KHARE KUAN KE PASS, LOHAMANDI GWALIOR (MADHYA PRADESH)

.....APPLICANT (SHRI ATUL GUPTA - ADVOCATE FOR THE APPLICANT)

AND THE STATE OF MADHYA PRADESH INCHARGE POLICE STATION THROUGH POLICE STATION GWALIOR DISTRICT GWALIOR (MADHYA PRADESH)

.....RESPONDENT ( SHRI PRAMOD KUMAR PACHOURI - PUBLIC PROSECUTOR FOR THE RESPONDENT-STATE)

This application coming on for HEARING this day, the court passed the following:

ORDER

This first bail application has been filed by the applicant under Section

438 of Code of Criminal Procedure, 1973 for grant of anticipatory bail to the applicant, who is apprehending his arrest in connection with Crime No.123/2024, registered at Police Station Gwalior, District Gwalior (M.P.) for offences punishable under Sections 376(2)(n) and 506 of the IPC.

As per the case of prosecution, prosecutrix, aged around 23 years submitted a typed complaint on 28/02/2024 with SHO, Gwalior inter alia Signature Not Verified stating that discussion with regard to her marriage with Arjun (applicant)were going on. Arjun used to visit her house. On 05/12/2023 around 6.00 in the evening, Arjun called her to his residence at Kila Gate. Arjun committed rape on her. Due to fear of Arjun, she did not narrate the incident to her family members. On 28/02/2024, Arjun again threatened her. Therefore, she informed her familymembers and came to report. On such allegations, Police Station Gwalior registered FIR at Crime No. 123/2024 for offence punishable under Sections 376(2)(n) and 506 of the IPC against Arjun Likhar. Victim was forwarded for medico-legal examination. Statement of victim was recorded wherein she stated same allegations, as mentioned in the complaint. She further added that Arjun has refused to marry and threatened to kill her, if she informs anybody about their relationship. In her statement recorded under Section 164 of the Cr.P.C, prosecutrix further alleged that on 05/12/2023, one Pooja called her for settlement with Arjun. Thereafter, Pooja caught hold her hands, Arjun and his brother committed rape on her. All the three accused threatened to kill her, if she reports, therefore, she could not report immediately. In her supplementary statement recorded on 17/03/2024, prosecutrix again made similar allegations. The investigation is underway.

Learned Counsel for the applicant, in addition to the grounds mentioned in the application, submits that applicant has been falsely implicated in the matter to create pressure on him to marry with the victim or pay her Rs. Five Lacs. Learned counsel submits that FIR is lodged after pre-meditation to blackmail the applicant. Initially, there were allegations against the applicant only, now his family members have also been implicated. Learned counsel referring to a public notice published in local daily newspaper "The Swadesh" Gwalior, dated 04/02/2024, submits that father of victim had published a public Signature Not Verified notice against misdemeanour of victim. When applicant confronted the victim, she threatened him of false implication and demanded Rs. Five Lacs. Applicant submitted a written complaint to Superintendent of Police, Gwalior on 06/02/2024. Complaint bears receipt of Office of Superintendent of Police, Gwalior. Thereafter, this false prosecution has been lodged against the applicant, which was aggravated to implicate his brother and sister also. Learned counsel submits that applicant is aged around 33 years. He is a tailor by profession. There is no likelihood of his absconsion leaving his family, home and profession. No criminal antecedent is reported against the applicant. There is no likelihood of tampering with evidence by the applicant. Applicant is ready to cooperate in t