Mohit vs State Of Madhya Pradesh

This is an application under section 438 Cr.P.C seeking anticipatory bail in connection with Crime No.578/2019 registered at Police Station -Tukoganj, Indore for the offence punishable under section 498A, 323 & 506/34 of IPC.

Allegation against the petitioner is that he made physical relation with her colleague on the promise of marriage. They both were studying in Ll.B. Ist year, since then they were in relation. The prosecutrix, who was studying Law and was major has alleged that since 2016, the petitioner was making physical relation with her. Their families were also ready for their marriage. The petitioner also got signed the papers of registration marriage and has assured her that he will perform marriage as per rites and ritual before the community/society. But, later, the family, particularly the parents of the petitioner refused for their marriage on 20/07/2019 and after serious altercation, they asked the prosecutrix and also their son - the petitioner to leave the house. The petitioner started living with her. Here also he made physical relation thrice. Without her knowledge, he text messages to his father demanding some money and threatening them. His father filed report for missing of the petitioner and the police came and recovered him on 29/07/2019 from her house. Now the petitioner has refused to marry her.

The complaint filed by the petitioner was registered by the police and is under investigation.

Contention of the petitioner is that the prosecutrix and her sister were known to them. On 20/07/2019, they took the petitioner with them, but he did not return home. On 27/07/2017 father of the petitioner received some text messages demanding money on the threat of impleading the petitioner in false cases of rape etc. He immediately approached the police and also filed an application before the S.D.M. A search warrant was issued and the petitioner was recovered by the police from the house of the prosecutrix.

The petitioner has filed photocopy of text messages received from the phone of the prosecutrix and proceedings initiated before the SDM, search warrant and recovery etc.

Considering all the documents available in the case diary, the nature of allegation, the age and qualification of the prosecutrix and other facts and circumstances of the case, the application is allowed.

It is directed that in the event of arrest of the petitioner - Mohit S/o Shri Ramkrishna Verma or his surrender before the Investigating Officer or before the concerned Judicial Magistrate within 30 days from today in connection with the aforesaid crime number, he shall be released on bail upon his furnishing personal bond in the sum of Rs.20,000/-with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the conditions No.1 to 3 of sub section (2) of section 438 Cr.P.C.