MS. P Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal by way of special leave arises from an order dtd. 16/11/2021, passed by the learned Single Judge of the High Court of Judicature for Madhya Pradesh; at Jabalpur in MCRC No. 55343 of 2021, whereby an application filed by the respondent No. 2/accused under Sec. 439 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.) has been allowed and he has been granted bail on furnishing a personal bond for a sum of Rs.1,00,000.00 (Rupees One Lac only) with a solvent surety in the like amount to the satisfaction of the trial court and certain other conditions imposed therein by the learned Single Judge in connection with Crime No. 39/21 registered on the complaint of the appellant at P.S. Mahila Thana, Jabalpur, State of Madhya Pradesh, for the offences punishable under Ss. 376(2)(n) and 506 of the Indian Penal Code, 1860 (for short the IPC).

(3.) A brief recapitulation of the facts of the instant case is necessary. The allegations levelled against the respondent No. 2/accused as recorded in FIR dtd. 21/6/2021 are that he had induced the appellant/complainant to establish a physical relationship with him on the false pretext of marrying her. The appellant/ complainant has stated that the respondent No. 2 has been in physical intimacy with her since July, 2019, when on applying vermillion (sindhoor) on her forehead, he had convinced her that they had got married as per Hindu rituals. Subsequently, in July, 2020 when the appellant informed the respondent No. 2 that she was pregnant, he along with his sister had taken her to a private hospital at Jabalpur and had made her consume some pills to undergo abortion, without her knowledge. It has been alleged that thereafter, the respondent No.2 started avoiding the appellant and stopped returning her calls. When confronted by the appellant, he categorically refused to solemnize their marriage. On the appellants complaint, the FIR was registered against the respondent No.2 on 21/6/2021.