Anil S/O Pratap vs State Of Madhya Pradesh

Subodh Abhyankar, J

This is applicant's first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is

apprehending his / her arrest in connection with Crime No.1043/2020 registered at Police Station Manawar, District Dhar (MP) for offence punishable

under Sections 376 and 506 of the Indian Penal Code, 1860.

The allegation against the applicant is one of rape upon the prosecutrix.

Admittedly, the incident has taken place on 22.12.2020 at around 08.00 PM (in the night) whereas the FIR has been lodged on 24.12.2020 at 09.30

PM (in the night).

Counsel for the applicant has submitted that the applicant has been falsely implicated in the case as the FIR itself has been lodged after more than

forty eight hours and the prosecutrix herself was a major woman.

Counsel has further submitted that there are no criminal antecedents of the applicant and in such circumstances, custodial interrogation of the

applicant is not necessary.

Counsel has further submitted that the applicant is ready to cooperate with the Investigating Officer of the case.

Thus, it is submitted that the applicant, if arrested in the present matter, it would bring extreme hardship not only to him but also to his family members.

Counsel has further submitted that the applicant is ready to abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that the

applicant be released on anticipatory bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer and it is submitted that no case for grant of bail is made out.

However, it is not denied that there are no criminal antecedents of the applicant.

On a query made by this Court with regard to MLC of the prosecutrix, counsel has submitted that as per MLC, multiple injuries have been found on

the body of the prosecutrix, but the injuries are old which have been caused by her husband only around 10-12 days back.

In view of the facts and circumstances of the case and taking note of the MLC of the prosecutrix and the conduct of the husband of the prosecutrix

towards her, false implication of the applicant cannot be ruled out and thus the custodial interrogation of the applicant does not appear necessary.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Anil s/o Pratap shall be released on bail, upon his / her

executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the

other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

It is also observed that after his / her release on bail, if the applicant is found in any criminal activities, the present bail order shall stand automatically

cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Accordingly, Miscellaneous Criminal Case No.35626/2021 stands allowed. Certified copy as per rules.