Amrat Kelkar vs State Of Madhya Pradesh

This application under Section 438 of Criminal Procedure Code, 1973 has been filed by applicant-Amrat Kelkar who is apprehending his arrest in connection with Crime No.159/2019, registered at Police Station-Bherugarh, District-Ujjain, concerning offence under Sections 341, 354, 323, 504, 506 of IPC, 1860.

As per prosecution story, on 07/05/2019 complainant filed a report that at about 11.30 am, when his niece had gone to fetch water from government hand pump at that time, the present applicant came there, hurled abuses, gave a blow on her cheek and threatened to kill her & her family members if her uncle is not compromising with him in the previous dispute. On the basis of which FIR was registered for the aforesaid offence.

Learned counsel for the applicant has submitted that the applicant is a Government servant and he has been falsely implicated in the present crime. It is further submitted that the applicant lodged a report of assault on 20/06/2018 against the father of the victim and four others. On the basis of which FIR bearing Crime No.273/2018 was registered at Police Station-Bherugarh, District Ujjain for offence under Sections 341, 323, 294, 506/34 of IPC and charge-sheet has been submitted before the Court. Thereafter, on 21/03/2019, the father of the victim committed another offence towards the family members of the applicant and again the applicant lodged FIR at Police Station-Bherugarh, District-Ujjain which was registered at Crime No.98/2019 for offence punishable under Sections 147, 458, 294, 323, 506 of IPC, 1860 and the father of the victim & other accused persons were sent to custody, hence there was previous enmity between the parties.

It is further submitted that Kailash the uncle of the victim made complaint against the applicant on 11/05/2019 alleging that on 07/05/2019, when his niece was going to fetch water from the Government hand pump, at that time, the present applicant abused and assaulted her. On the basis of which offence under Sections 341, 323, 504, 506 of IPC, 1860 was registered against the applicant. Later on 03/07/2019 Kailash filed a written complaint alleging that on 07/05/2019 when the victim was going to fetch water, at that time the applicant caught hold of her hand, gave a blow on her cheek and threatened to kill her and her family members if they do not agree to compromise the earlier dispute. On the basis of which police registered offence under Sections 354 of IPC, 1860 and 3 /4 of Protection of Children from Sexual Offences Act, 2012. It is further submitted that on the next day (04/07/2019) statement of the prosecutrix was recorded under Section 164 of Cr.P.C before the Judicial Magistrate First Class, in which she has not made any such allegation against the applicant which clearly indicates that the applicant has been falsely implicated in the present crime. The applicant is ready to co-operate with the investigation. There is no possibility of his absconsion or tampering of the evidence if the applicant is released on bail. Under these circumstances, learned counsel prays for grant of anticipatory bail to the applicant.

Learned Public Prosecutor submits that no sufficient ground is made out for releasing the applicant on bail, hence the application filed by the applicant be dismissed.

Considering the facts and circumstances of the case but without commenting on the merits of the case, I deem it proper to grant anticipatory bail to the applicant. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant be released on bail, on his executing a personal bond in the sum of Rs.50,000/- (Rupees fifty thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigating Officer).

The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

Certified copy as per rules.