LAWS(MPH)-2019-2-162

VARGHESE V.C. Vs. STATE OF MADHYA PRADESH

Decided On February 14, 2019
Varghese V.C. Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This is first bail application filed by applicant Varghese V. C. under Section 438 of the Cr.P.C. for grant of anticipatory bail. The applicant apprehends his arrest in connection with Crime No.107/2019 registered at Police Station Adhartal, District Jabalpur for the offences punishable under Sections 376(2)(N), 506 of the IPC.

(2.) As per the prosecution case on 31/01/2019 prosecutrix lodged the report at Police Station Adhartal, Distt. Jabalpur averring that she works as a principal at Mispa Mission Education Society and the applicant was the Managing Director of the said Society. He has been sexually exploiting her from the year 2004 on the pretext of marriage, while the applicant is already married. The applicant also tarnished her image before the school staff and also threatened her. On that Police registered Crime No.107/2019 for the offence punishable under Sections 376(2) (N), 506 of the IPC.

(3.) Learned counsel for the applicant submits that the applicant has not committed any offence and has been falsely implicated in the offence. It is alleged that the applicant committed rape with the prosecutrix for the first time in the year 2004, while prosecutrix lodged the report in the year 2019. Applicant’s wife is also working in the same school. His children also studied in that school. So, it cannot be said that the prosecutrix did not know that the applicant is already married. The prosecutrix lodged false report because the applicant sacked her from the school. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, his reputation will be ruined. Under these circumstances, applicant prays for grant of anticipatory bail. Learned counsel for the State as well as objector opposed the prayer and submitted that the applicant sexually exploited the prosecutrix on the pretext of marriage, so he should not be released on bail.