Arshad vs State Of M.P

S.K. Awasthi, J

This is repeat application under Section 439, Cr.P.C for grant of bail in connection with Crime No. 30/2020 , registered at Police Station- Station Road,

District-Ratlam (M.P.), for commission of the offence punishable under 376 (2) (n), 341 and 506 of I.P.C..

As per prosecution story, the prosecutrix lodged an FIR against the applicant alleging that he made physical relationship with her on false promise of

marriage. Thereafter, he refused to marry her. On that basis the aforesaid offence has been registered against the applicant.

Learned counsel for the applicant has submitted that the applicant has moved an application under Section 439 of Cr.P.C. for grant of bail bearing

M.Cr.C.No.36993/2020, which was allowed vide order dated 09.10.2020 and applicant granted temporary bail for a period of 60 days with the

condition that he will solemnize marriage with the prosecutrix during the aforesaid period and after completion of 60 days he will surrender before the

trial court. It is also submitted that on 30.10.2020, the applicant solemnized marriage with the prosecutrix and in this regard marriage certificate has

also been filed (Annexure P/6) alongwith application. Hence, counsel prays that order dated 09.10.2020 may be made absolute.

Learned Panel Lawyer for the respondent/State has opposes the bail application.

Learned counsel for the prosecutrix/complainant has submitted that the applicant solemnized marriage with the prosecutrix. Now they are living

together as husband and wife. Hence, she has no objection if bail is granted to the applicant.

After considering the arguments advanced by learned counsel for the parties and looking to the documents regarding marriage of the applicant and

prosecutrix, the application filed by the applicant is allowed and the order dated 09.10.2020 is hereby made absolute subject to same terms and

conditions as mentioned therein. This order shall be read in conjunction with the order dated 09.10.2020

C.C. as per Rules..