Recently, the Madhya Pradesh High Court granted anticipatory bail to Congress MLA Umang Singh Shingar. Singh was charged with offences punishable under Section 294 (Obscene acts and songs), 323 (Punishment for voluntarily causing hurt), 376(2)(N) (Rape), 377 (Unnatural Offences), 498-A (Husband or relatives of husband of a woman subjecting her to cruelty) and 506 (Punishment for criminal intimidation) of IPC, filed the anticipatory bail application.

The bench of Justice Sanjay Dwivedi observed that "Perusal of case diary, nature of allegations and submissions of counsel for both the parties, clearly reveal that at the time of developing physical relation prosecutrix was married. She is mentally sound, educated and is also in politics. Both 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 relation."

The counsel member of Umang Singh Shingar, Senior Advocate Manish Datt, submitted that both the parties are known to each other and have been in a relationship.

"From the contents of FIR, it is clear that prosecutrix has admitted the fact that applicant is her husband and she met with him in a public gathering, thereafter they came near to each other," Datt submitted.

Further, he added The allegations of unnatural sex and harassment are false as the "prosecutrix is demanding a share in the property of the applicant", 

On the other hand, the counsel member for the State, Advocate Alok Agnihotri, argued that as per Section 496 of IPC, an applicant cannot enter into a marriage with her because he was already married. It was further submitted that the police are yet to interrogate the accused and collect the material evidence

After observing the whole matter, the Court held - "Considering the present scenario in which tendency has been developed to make an allegation of rape and also of unnatural sex with certain motives against the husband or a 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 prosecutrix".

"It is directed that in the event of arrest, 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," the court said

Case Title: Umang Singh Shingar v. The State of Madhya Pradesh