LALIT NAMDEV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first anticipatory bail application filed under Sec. 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending his arrest in connection with Crime No.464/2022 registered at P.S. - Nilganga, District Ujjain (M.P.) for commission of offence punishable under Sec. 376(2)(n), 506 of Indian Penal Code, 1860.

(2.) As per the prosecution story, on 20/8/2022 prosecutrix made a written complaint before P.S.-Nilganga, District Ujjain (M.P.) by stating that on the pretext of marriage the applicant made physical relationship with her. In the year 2015 present applicant first time met her and after sometime he told her that he loves her and wants to marry with her. Due to physical relationship with the present applicant, prosecutrix became pregnant in the year 2020. When she asked for marriage, applicant every time has postponed the marriage. On 22/11/2022 she gave birth to a child and after that she came to know that applicant is already married but applicant continued to have physical relationship with her. After six months applicant denied for the marriage with her.

(3.) Prosecutrix is a major lady. Prosecutrix has admitted that present applicant and she were living together in live-in-relationship for the past seven years and all the expenses of the prosecutrix have been borne by the applicant. Prosecutrix has filed an affidavit stating that she was living in live-in-relationship with the present applicant.