1

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE

BEFORE
HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
ON THE 23rd OF MARCH, 2022

MISC. CRIMINAL CASE No. 12035 of 2022

Between:-
SURYAPRAKASH PATEL S/O SHRI SHIV KUMAR
PATEL , AGED ABOUT 31 YEARS, OCCUPATION:
ADVOCATE 401/2 WARD NO. 10 ANANTPUR
COLONY, REWA (MADHYA PRADESH)

.....APPLICANT
(BY SHRI AJAY BAGADIYA, SENIOR ADVOCATE WITH SHRI JAYESH
YADAV, ADVOCATE)

AND

THE STATE OF MADHYA PRADESH STATION

HOUSE OFFICER THROUGH POLICE STATION CITY
BIAORA, DISTRICT RAJGARH (MADHYA
PRADESH)

.....RESPONDENTS
(BY SMT.VINITA PHAYE, GOVERNMENT ADVOCATE )

This application coming on for orders this day, the court passed the
following:
ORDER
This is first application filed under section 438 of the Cr.P.C in crime

no.88/2022 under section 376(2)(N) of the IPC registered at police station Bioara,
Rajgarh.
Learned counsel for the applicant submits that the applicant has been falsely
implicated in the present case. The prosecutrix was in relationship with him for last
two years.
It is further submitted that on 21.09.2021, she went to Biaora on her own
and stayed in a rented room alongwith the applicant. It is alleged that in the said
room, on the promise of marriage the applicant committed rape on the prosecutrix.
Learned counsel for the applicant submits that the prosecutrix has remained
in relationship for last more than two years with the applicant and when the
marriage could not be solemnized, she made the report. The applicant is ready to
co-operate with the investigation and no custodial interrogation is required. It is
further submitted that as per the allegation of the prosecutrix at the most offence
 2
under section 420 of the IPC will be made out and not offence under section 376
(2)(N) of the IPC.
Learned counsel for the respondent/state has opposed the prayer and
submits that the applicant may surrender and co-operate with the investigation.

Taking into consideration the facts of the prosecution case and the fact that
the applicant is a major lady of 28 years and was remained in the relationship for a
period of two years and went to Biaora in a rented room on her own and stayed
there, I am of the view that there is no material against the present applicant,
therefore, the applicant is entitled for grant of anticipatory bail.
It is directed that in the event of arrest, applicant shall be released on bail on
his furnishing a personal bond in a sum of Rs.50,000/- (Rs.Fifty Thousand Only)
with one surety in the like amount to the satisfaction of arresting officer. The
applicant shall further abide by the other conditions enumerated in sub-section (2)
of Section 438 of Cr.P.C.
A typed copy of this order be forwarded by the Registry to the Office of the
Advocate General and to Smt.Vinita Phaye, learned G.A, on their respective email
addresses, for intimation to the police station concerned.

(VIJAY KUMAR SHUKLA)

JUDGE
Sourabh
Digitally signed by
SOURABH YADAV
Date: 2022.03.23 16:43:04
+05'30'