Madhya Pradesh High Court
Bhupendra Yadav vs The State Of Madhya Pradesh on 15 January, 2025
NEUTRAL CITATION NO. 2025:MPHC-JBP:1351
1 MCRC-56105-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA
ON THE 15th OF JANUARY, 2025
MISC. CRIMINAL CASE No. 56105 of 2024
BHUPENDRA YADAV
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Abhinav Dubey - Advocate for the applicant.
Shri Jitendra Yadav - Advocate for the objector.
Ms. Samta Jain - Government Advocate for the State.
ORDER
This is the first application filed by the applicant under Section 483 of
Bhartiya Nagrik Suraksha Sanhita , 2023/Section 439 of Cr.P.C., 1973 for
grant of regular bail relating to FIR/Crime No.179/2024 registered at Police
Station Dolariya, District Narmadapuram (M.P.) for the offence punishable
under Sections 376, 511, 354, 376(2)(n) of IPC.
2. The counsel for the applicant has submitted that as per the FIR,
relationship between applicant and victim were of 2017 and the case has
been registered under Sections 354 and 376/511 of IPC. The victim is of 26
years. Applicant has been arrested and charge sheet has been filed. Hence,
the applicant be released on bail.
3. Learned counsel for the objector has submitted that applicant was
in relationship with victim in 2017 and he was promising that he shall marry
the victim. In that situation, he was in relationship and tried to rape her time
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 16-01-2025
10:43:33
NEUTRAL CITATION NO. 2025:MPHC-JBP:1351
2 MCRC-56105-2024
and again. He attempted to rape the victim in 2022. Her marriage was being
solemnised with other person but after consuming poison, applicant
threatened that he will die, if she marry any other person. On that, her
marriage was not solemnised and marriage was broken. When the victim
asked the applicant to marry in 2024, he denied and he also stated that he
will not marry the victim. By that, he had made her bad reputation among
relatives and society. In that situation, she is in position that no one of the
society is ready to marry her. Thus, applicant has left the victim with no
choice. Whole career and marriage prospect have been ruined by the victim.
Hence, he may not be released on bail, otherwise, it will give wrong signal to
a society and to the applicant. He will further try to make bad reputation of
the victim and strongly opposed that he is ready to support by the documents
that the applicant has committed rape to the victim.
4. Learned counsel for the State has opposed the prayer and submitted
that in 2024, the applicant tried to rape the victim. On that basis, the FIR
was lodged. Thus, it is not fit case where the applicant be released on bail.
5. Heard the parties and perused the case diary.
6. As per the FIR, it is stated that the victim was having relation since
January, 2017 and the applicant was assuring her that he will marry to the
victim and also asked to have physical relation, victim had denied that before
marriage, she will not have physical relation with him. It is also stated in the
FIR that time and again, he tried to make physical relation with the victim
and also assured that he will marry but he had not married. Hence, the FIR
was lodged.
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 16-01-2025
10:43:33
NEUTRAL CITATION NO. 2025:MPHC-JBP:1351
3 MCRC-56105-2024
7. From the FIR, it is clear that since 2017, neither applicant had
physical relation with the victim nor violated the privacy of the victim. FIR
was lodged on 30.11.2024. In FIR or the statement recorded under Section
161 of Cr.P.C., there is no assertion that the applicant have ever violated her
privacy. The charge sheet has been filed.
8. Looking to the facts and circumstances of the case, this Court deems
it appropriate to enlarge the applicant on bail, therefore, without commenting
on the merit of the case, the application is allowed.
9. It is directed that applicant-Bhupendra Yadav shall be released on
bail on his furnishing personal bond in a sum of Rs.50,000/- (Rupees Fifty
Thousand Only) with one surety in the like amount to the satisfaction of the
trial Court concerned for his appearance before the said Court on all such
dates as may be fixed by that Court in this regard during the pendency of
trial.
10. It is further directed that the applicant shall comply with the
provisions of Section 480(3) of BNSS.
11. Accordingly, M.Cr.C. stands disposed of.
C.C. as per rules.
(DEVNARAYAN MISHRA)
JUDGE
HK
Signature Not Verified
Signed by: HIMANSHU
KOSHTA
Signing time: 16-01-2025
10:43:33
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