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Judgment
17 paragraphs · 376 words@JUDGEMENTTAG- JUDGEMENT
Vishal Dhagat, J
This is the first bail application filed on behalf of the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail, as he is under apprehension of arrest, in connection with Crime No.84/2024, registered at Police Station Station Beohari, District-Shahdol (M.P.) for the offences punishable under Sections 376, 376(2)(n), 506 of IPC.
Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. Prosecutrix is major. Applicant and prosecutrix were in long term relationship for about last one year.
Due to dispute between them, false FIR has been lodged. In these circumstances, applicant may be enlarged on anticipatory bail.
3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and submitted that offence is serious in nature. Repeated offence has been committed by applicant on prosecutrix. In these circumstances, applicant may not be released on anticipatory bail.
Heard the learned counsel for the parties.
Considering the statement of prosecutrix recorded under Section 164 of Cr.P.C and facts and circumstances of the case, anticipatory bail application filed by the applicant is allowed on following conditions :
(i) applicant will appear before Investigating Officer within seven days after being released on bail and cooperate in investigation of the case ;
(ii) applicant will attend the trial regularly and will not seek unnecessary adjournments except for exceptional circumstances.
It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand only) with one surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
Applicant shall abide by the following conditions under Section 438(2) of Cr.P.C:-
(a) Applicant shall make himself available for interrogation by a Police Officer as and when required;
(b) he shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;
(c) he shall not leave India without the previous permission of the Court;
(d) he shall not commit similar offence, of which, They are accused or suspected.
Certified copy as per rules.