Madhya Pradesh High Court: Anand Pathak, J., granted anticipatory bail to the applicant who had filed the application apprehending arrest in respect of registration of crime punishable under Section 376(2) (n) of Penal Code, 1860
The counsel for the applicant, Mr Ravi Dwivedi and Mr Atul Gupta submitted that as per the contents of FIR itself, applicant and prosecutrix were in live-in relationship for almost a year and when relationship turn soured and applicant proceeded to marry with some other girl, then this case has been filed as a counterblast to exert pressure. The counsel further contended that offence of rape prima facie cannot be made out on the basis of promise of marriage and here the parties lived as couple in live-in relationship. He added that confinement amounts to pretrial detention. The counsel assured that the applicant undertakes to cooperate in the investigation/trial and would not be a source of embarrassment and harassment to the complainant party in any manner and shall not move in her vicinity.
The Court considering the fact situation of the case and in view of COVID-19 pandemic as well as looking to the mandate of Supreme Court in the case of Aparna Bhat v. State of M.P, 2021 SCC OnLine SC 230 allowed the application. The Court further directed that the applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer. He was further directed not to move in the vicinity of prosecutrix and shall not be a source of embarrassment and harassment to her in any manner.[Mayank Tiwari v. State of M.P., M.Cr.C. No.31444 of 2021, decided on 28-06-2021]