Ankit Jain vs State Of Madhya Pradesh

Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant, who is apprehending his arrest in connection with Crime No.485/2019 registered at Police Station: Civil Lines, District Chhatarpur under Sections 341, 342, 354, 323 and 506 of the Indian Penal Code and Section 7/8 of the Protection of Children from Sexual Offences Act, 2012.

The case of the prosecution is that, the prosecutrix, aged about 17 years 10 months was continuously stopped and harassed by the applicant when she used to go and come back from her college where she was studying in B.A. First Year. It is alleged that on 24.05.2019 at about 07:30 pm, when prosecutrix was going to her house after attending the DCA coaching along with her friend Pooja Ahirwar, applicant has taken her in some house and tried to outrage her modesty. The prosecutrix somehow escaped from the clutches of the applicant. It is also alleged that on 02.08.2019 again applicant reached at the house of the prosecutrix and forced her to marry with him in the presence of her parents. The prosecutrix accompanying with her parents lodged the FIR on the next day i.e. 03.08.2019 against the applicant. On that basis, crime under the aforementioned offence has been registered against the applicant.

Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is further submitted that the applicant is a permanent resident of the address shown in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon him. There is no chance of his absconding or tampering with the evidence. Learned counsel for the applicant submits that the statement of prosecutrix under Section 164 of Cr.P.C. has been recorded on 07.08.2019 in which she has not supported the version made by her in the FIR. In view of the aforesaid, a prayer has been made to enlarge the applicant on anticipatory bail.

Learned Panel Lawyer for the respondent/State on the other hand has opposed the anticipatory bail application filed on behalf of the applicant.

On perusal of the case diary and on going through the statement of the prosecutrix recorded under Section 164 of Cr.P.C., it seems that the prosecutrix has not supported the case of the prosecution and specifically stated that applicant has neither restrained her nor tried to outrage her modesty.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the statement of the prosecutrix recorded under Section 164 of Cr.P.C., in the opinion of this Court, applicant deserves the benefit of anticipatory bail.

Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicant-Ankit Jain, is allowed.

It is directed that in the event of his arrest, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.