DISTT.INDORE (MADHYA PRADESH) v. (SHRI SURENDRA GUPTA - GOVT. ADVOCATE)

(SHRI ASHISH GUPTA - ADVOCATE) AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER RAJENDRA NAGAR DISTT.INDORE (MADHYA PRADESH) .....APPLICANT (SHRI SURENDRA GUPTA - GOVT. ADVOCATE) .....RESPONDENTS This application coming on for admission this day, the court passed the following: Heard and perused the record. ORDER This is first bail application filed on behalf of the applicant under Section 438 of the Code of Criminal Procedure for grant of bail. The applicant is apprehending his arrest in relation to FIR/Crime No.766/2023, registered at Police Station Rajendra Nagar, District Indore for the offence under Section 376 of IPC, 1860. 2 . The applicant apprehending his arrest in the aforesaid crime, has knocked the portal of this Court for grant of anticipatory bail. Signature Not Verified Signed by: SUMATHI Signing time: 09-11- 2023 18:18:29 2

#3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in this case. Prosecutrix is a major married lady aged about 20 years and the applicant and prosecutrix were already known to each other. They used to meet in Gym and chat through Instagram ID. The alleged incident occurred on 10.09.2023 whereas the FIR was lodged on

14.09.2023 after a delay of 4 days and no plausible explanation has been offered in this regard. The applicant is ready to co-operate with the investigation and conclusion of trial will take sufficient long time. Under these circumstances, counsel prays for grant of anticipatory bail to the applicant. 4 . On the other hand, learned Govt. Advocate for the State has vehemently opposed the prayer by submitting that it is a case of forcible relationship with the prosecutrix after making her consume wine and although the prosecutrix has resisted, the applicant had forcibly made relation with the prosecutrix, due to which she started bleeding and become unconscious thereafter she was taken to hospital. Prosecutrix was not in position to narrate the incident to anyone and when she became normal she narrated the incident to her husband, alongwith her husband she has lodged FIR, hence the delay was caused. Prosecutrix has made serious allegations against the applicant in her statement under Section 164 of Cr.P.C. As per medical report of the doctor "Cervico Vaginal Tear" was diagnosed and the injury was grievous in nature. Therefore counsel prayed for dismissal of the application.

#5. On due consideration of the rival submissions and on perusal of record, it is evident from the statement of the prosecutrix recorded under Section 164 of Cr.P.C the prosecutrix has been forced to intake wine and thereafter a forcible physical relationship was made with her even after her Signature Not Verified Signed by: SUMATHI Signing time: 09-11- 2023 18:18:29 3 resistance, which lead to her heavy bleeding and she become unconscious due to which she has been hospitalised for treatment. As per medical report, injury was grievous in nature and cervico vaginal tear was diagnosed. After treatment prosecutrix has narrated the incident to her husband thereafter she has filed a report against the applicant, hence the delay in lodging FIR seems to be reasonable. Looking to the gravity of the offence and the nature of allegations against the applicant, this Court is of the view that at this stage no case is made out for grant of anticipatory bail to the applicant, hence applicant's application deserves to be dismissed.

#6. Accordingly M.Cr.C. No. 50940/2023 is dismissed as being sans merit. sumathi (PREM NARAYAN SINGH) JUDGE Signature Not Verified Signed by: SUMATHI Signing time: 09-11- 2023 18:18:29