IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DINESH KUMAR PALIWAL th ON THE 29 OF APRIL, 2024 MISC. CRIMINAL CASE No. 9613 of 2024 BETWEEN:-

RISHI KUMAR TIWARI S/O LATE SHRI VASHUDEV PRASAD TIWARI, AGED ABOUT 65 YEARS, OCCUPATION: RETIRED GOVERNMENT SERVENT R/O A- 7 DIVYA HOMES SAINIK SOCETY SHAKTI NAGAR JABALPUR DISTRICT JABALPUR (MADHYA PRADESH)

.....APPLICANT (BY SHRI N. P. DUBEY - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GORAKHPUR DISTRICT JABALPUR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI MANOJ KUSHWAHA - PANEL LAWYER FOR RESPONDENT/

STATE.

SHRI S. K. DHURVE - ADVOCATE FOR THE OBJECTOR. )

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

ORDER

The first application has been filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail in relation to FIR No.148/2024 dated 22.2.2024, registered at Police Station - Gorakhpur, District Jabalpur (M.P.) for commission of offence under Sections 376(2)(n), 376(2)(s), 506 and 354(C) of IPC. Applicant apprehending his arrest has knocked at the portal of this Court for grant of anticipatory bail.

2 . As per prosecution story, on 20.2.2024, 24 years old prosecutrix Signature Not Verified lodged an FIR stating that in October 2022, she was selected on contract basis through advertisement for self employment training. She joined on 17.10.2022. The office was at RSETI in front of TV tower, Industry House, Gorakhpur, Jabalpur. It is alleged that on 17.10.2022 she met Rishi Kumar Tiwari who was Director of RSETI. Rishi Tiwari was having evil eye on her. In Janurary 2023, during duty hours at lunch time, Rishi Tiwari took her in faculty room No.1 and said that he is having two-three girl friends. If she too become his girl friend, he will take care of everything. He further stated that until her marriage is performed, she may remain as his wife and thereafter, he forcibly committed rape upon her. Thereafter, two-three times again, he took her in faculty room and committed rape. He had threatened that if she disclosed the incident to anyone, he will eliminate her. Owing to fear she did not disclose the incident. In April 2023, Rishi Tiwari took her at his home in Divya Homes at Sainik Society and committed rape. On account of such behavior of Rishi Tiwari, she left her job on 29th April, 2023. Thereafter, Rishi Tiwari used to stand near PSM College gate to meet her and continuously tried to talk with her. He was defaming too. Getting annoyed with the act of Rishi Tiwari, on 16.2.2024, she narrated the entire incident to her sister. She asked her to lodge FIR.

4. Learned counsel for the applicant has submitted that applicant has not committed any offence. He is innocent. He has been falsely implicated. He is 66 years old retired man. He had given some money to the prosecutrix and when he demanded his money back from the prosecutrix, she has lodged false FIR. It is also the contention of learned counsel that in this regard, Bank transaction between him and prosecutrix are available. It is contended that prosecutrix herself has admitted receiving of money from the applicant and Signature Not Verified returning of some money. It is further submitted that FIR has been lodged almost after 13 months of incident. Applicant is not having any criminal background. It is also the contention of learned counsel that before lodging of the FIR by prosecutrix, he had made a complaint to the police that prosecutrix is threatening him to implicate in a false case. Therefore, it is prayed that applicant may be released on anticipatory bail.

5. On the other hand, learned counsel for the respondent/State as well as learned counsel for the objector have opposed grant of anticipatory bail to the applicant and have submitted that applicant is absconding. Learned JMFC has issued arrest warrant against him as proceedings under Section 82 and 83 of Cr.P.C. has been initiated against him. Applicant wh