Babulal vs State Of Madhya Pradesh

Subodh Abhyankar, J

This applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, he is apprehending his arrest in connection with Crime No.108/2023 registered at Police Station Manpur, District Indore (MP) for offence punishable under Section 376(2)(n), 376(2)(c). 376(2)(k) of the Indian Penal Code, 1860.

Allegations against the applicant is of rape on pretext of marriage. Counsel appearing for the applicant has submitted that the applicant is a

Government servant and is employed at BSF posted as Head Constable and is currently posted at Srinagar. It is submitted that the prosecutrix was a consenting party and even according to her complaint, she had last spoken to the applicant on 21.12.2022 whereas the FIR has been lodged on 10.03.2023. It is submitted that the custodial interrogation of the applicant is not necessary and if he is arrested his entire career would be jeopardized.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

O n due consideration of the rival submissions and perusal of the case diary, this Court is inclined to allow the application for anticipatory bail as the custodial interrogation of the applicant is not necessary.

Accordingly, the bail application is allowed. It is directed that in the event of arrest, the applicant shall be released on bail, upon his executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing one solvent surety in the like amount to the satisfaction of the Arresting Officer (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 the Code of Criminal Procedure, 1973.

Certified copy as per rules.