Madhya Pradesh MLA Got Anticipatory Bail in Marital Rape Case
High Court allows anticipatory bail in a case of alleged marital rape. The order was passed on March 17th, 2023, by Hon’ble Justice Sanjay Dwivedi in Misc. Criminal Case No. 11704 of 2023 in the High Court of Madhya Pradesh at Jabalpur.
The applicant, Umang Singh Shingar, a 48-year-old MLA from Dhar, had filed the application seeking anticipatory bail in connection with Crime No. 540/2022 registered at Police Station Naogaon District Dhar. The case was registered against him for the offences punishable under Sections 294, 323, 376(2)(N), 377, 498-A and 506 of IPC.
The prosecution alleged that the applicant had made physical relations with the prosecutrix on the pretext of marriage and had committed marital rape, as well as unnatural sex. The applicant’s counsel, however, submitted that the prosecutrix was in a love affair with the applicant, who was also married, and that the allegations were false and motivated by a desire to extract money from the applicant.
The Court, while acknowledging the seriousness of the allegations, observed that the case was not one of forceful compulsion by the applicant and that the prosecutrix was mentally sound, educated, and in politics at the time of developing the physical relationship. The Court also noted the tendency to make allegations of rape and unnatural sex against husbands or persons in love affairs with certain motives.
Accordingly, the Court allowed the application for anticipatory bail without commenting on the merits of the case. The applicant was directed to furnish a bail bond of Rs.2,00,000/- with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station concerned, and to comply with several conditions, including cooperating with the investigation and trial, not committing an offence similar to the alleged offence, and not leaving India without prior permission of the trial Court/Investigating Officer.
Umang Singh Shingar v. The State of Madhya Pradesh
