Bhopal (Madhya Pradesh): The High Court, principal bench, Jabalpur, on Tuesday, granted anticipatory bail to former minister and Congress MLA Umang Singh Shingar. Police had registered a case of rape and physical assault against Shingar on the complaint of a 38-year-old woman.
As per court order, HC has ordered in the event of arrest that the applicant be released on bail upon his furnishing a bail bond in the sum of Rs.2,00,000 with one solvent surety of the like amount to the satisfaction of Station House Officer/Arresting Officer of the Police Station concerned.
HC, in its observation, said, ‘Perusal of case diary, nature of allegations and submissions of counsel for both the parties, clearly reveal that at the time of developing physical relationship, the prosecutrix was married. She is mentally sound, educated and is also in politics. Both the parties have filed material against each other to substantiate that they are not of good character. The legal position and the factual aspect of the case prima facie indicates that it is not a case of any forceful compulsion by the applicant to the prosecutrix to surrender before him and develop physical relationship. Considering the present scenario in which tendency has been developed to make allegation of rape and also of unnatural sex with certain motive against the husband or person with whom the girl has been in love affair, this Court is not expressing any opinion about the character of any of the parties i.e applicant and the prosecutrix.’
Advocate Manish Datt, who appeared on behalf of Umang Shingar, said, ‘Considering the contents of the FIR when the prosecutrix herself is admitting that the applicant is her husband and they entered into marriage, developed physical relationship, it does not fall within the definition of rape. He submitted that the prosecutrix aged around 38 years was in love with the applicant who is a political leader and member of the legislative assembly (MLA). At the time of developing relationship with the present applicant, the prosecutrix was married and despite that she developed physical relationship with him.’
