IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH th ON THE 7 OF JULY, 2023 MISC. CRIMINAL CASE No. 29155 of 2023 BETWEEN:-

SADIK KHAN @ PATHAN S/O LIYAKAT PATHAN, AGED ABOUT 21 YEARS, R/O GRAM CHHEKLI TEHSIL GYARASPUR, VIDISHA (MADHYA PRADESH)

.....APPLICANT (BY SHRI ATUL GUPTA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION GYARASPUR, DISTRICT VIDISHA (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ROHIT SHRIVASTAVA - ADVOCATE)

(SHRI T.C. NARWARIYA - ADVOCATE FOR COMPLAINANT)

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

ORDER

Case diary is available.

This is first application filed under Section 439 of Cr.P.C for grant of bail to the applicant as he has been arrested on 19.05.2023 in connection with Crime No.83/2023 registered at Police Station Gyaraspur, District Vidisha (M.P.) for commission of offence punishable under Sections 376, 376(2)(N) of IPC.

Prosecution story, in brief is that in between 08.01.2023 to 01.04.2023, applicant on a false pretext of marriage was living with the prosecutrix and Signature Not Verified Signed by: ABHISHEK committed rape on her repeatedly.

Learned counsel for the applicant submits that admittedly, the prosecutrix is a major lady having two kids. It is apparent from the FIR as well as statement of the prosecutrix that she was a consenting party. No offence is made out against the applicant who is in custody since 19.05.2023. His custodial interrrogation is not required, therefore, prayer is made to enlarge the applicant on bail.

Learned counsel for the respondent/State as well as learned counsel for the complainant has vehemently opposed the prayer and submits that the prosecutrix is a widow lady and the applicant on a false pretext of marriage took her consent and committed sexual intercourse with her and thereafter he refused to marry with her. Prosecutrix's consent was obtained fradulently, therefore, he should not be enlarged on bail.

Heard the learned counsel for both the parties.

Having considered the rival submissions, material pointed out by the learned counsel for the applicant, age of the prosecutrix, nature of allegations, so also the over all facts and circumstances of the case, without expressing any opinion on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail upon furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the Trial Court on all such dates as may be fixed in this behalf by the Trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

This application is allowed and stands disposed of.

Certified copy as per Rules.

Signature Not Verified Signed by: ABHISHEK (SATYENDRA KUMAR SINGH)

JUDGE Abhi Signature Not Verified Signed by: ABHISHEK