Madhya Pradesh High Court: Vivek Agarwal, J. dismissed a bail application of an applicant who was in custody since 29-06-2022 for the offence punishable under Sections 376, 506 of Penal Code, 1860.
Counsel for the applicant submitted that incident took place on 03-12-2020 then on 18-03-2022 prosecutrix pressurized the present applicant for marriage and, thereafter, on 12-04-2022, FIR was lodged. Applicant is a differently abled person working as Canteen Attendant in Ministry of Defence. The prosecutrix was a consenting party and allegation was only in regard to false promise of marriage. It was also submitted that the prosecutrix herself has refused to marry initially and later sent a message that the applicant can marry any other girl.
Government Advocate for the respondent-State submitted that on the last date, applicant had sought time to seek instructions because it was informed that applicant is willing to marry but because of family pressure, he has to wriggle out. It is also submitted that it is not a case of simplicitor consensual pre-marital sex. Both the applicant and the complainant are handicapped and knew each other. Applicant approached the complainant with a promise of marriage and enticed her in physical relationship. Later on, he refused to marry as soon as applicant could get a job with the defence establishment as his expectations were on wings but in the present hearing counsel for the applicant submitted that though sister of the applicant is willing for performance of marriage of the applicant with the complainant but since father of the applicant has refused because of age difference and caste difference, marriage is not possible.
The Court after hearing the parties noted that it was evident that applicant always had knowledge about the age difference between him and the complainant. There was also conscious knowledge of difference in the caste. The only uniting factor was emotional bonding on account of both being differently abled and there was a promise on part of the applicant but later on as soon as he could get a job, he has changed his attitude.
The Court was astonished by the fact that in the 21st century, still in the name of caste and creed, social differentiation is being created. The Court noted that prosecutrix has not been examined in the Court of law and she is a vulnerable witness. The court believed that if applicant is enlarged on bail then there is possibility of witness being tampered with.
The Court thus dismissed that bail application opining that to secure the interest of justice so also interest of a vulnerable witness, this is not the correct stage to extend benefit of bail to the applicant.
[Naresh Rajoriya v. State of Madhya Pradesh, Miscellaneous Criminal Case No. 34551 of 2022, decided on 04-08-2022]
For applicant: Ankit Saxena
For respondent: Aditya Narayan Gupta, Rajkumar Raghuwanshi
*Suchita Shukla, Editorial Assistant has reported this brief.