Bhagwan Singh Ahirwar vs State Of Madhya Pradesh

S.A.Dharmadhikari, J

This is the first application under Section 438 of the Code of Criminal Procedure filed for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.70/2021 registered at Police Station- Civil Lines, District Datia (M.P.) for the offences

punishable under Sections 354, 354(d)(1)(i), 452 of IPC and added Section 376 of IPC.

Allegation against the applicant, in short, is that on 04.03.2021 at about 2.30 in the afternoon when the prosecutrix was at her home alongwith her

daughter and the husband of the prosecutrix had gone for work, at that time, the present applicant came and with bad intention caught hold of her from

back. Thereafter she screamed and the present applicant ran away from the spot. On the basis of aforesaid, crime has been registered against the

applicant.

Learned counsel for the applicant submits that applicant has falsely been implicated in the case. Earlier the offence under Section 354, 354( )(1)(i)

and 452 of IPC was registered against the present applicant. After recording of the statement under Section 164 of Cr.P.C., the fact of offence under

Section 376 of IPC was incorporated for the first time. It appears to be an after thought. The applicant runs a business of Brick-Kiln ( - ),

where the prosecutrix and others are working as labourers. The applicant had given them advance of Rs.50,000/- therefore, this false case has been

registered. Learned counsel for the applicant further submitted that in view of COVID-19 outbreak, detention of applicant in already congested

prisons may be detrimental. It is submitted that applicant is permanent resident of District Datia (M.P.) and there is no likelihood of absconsion or

tampering with the prosecution evidence. With the aforesaid submissions prayer for grant of anticipatory bail is made.

On the other hand, learned Public Prosecutor for the State has opposed the anticipatory bail application and prays for its rejection. It is also submitted

that the applicant has one criminal antecedent. Investigation is pending and custodial interrogation may be required.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to

extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, namely; Bhagwan Singh Ahirwar, he shall be

released on bail on furnishing a personal bond of Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety in the like amount to the

satisfaction of Arresting Authority.

The applicant shall also furnish a written undertaking that he will abide by the terms and conditions of various circulars, as well as, orders issued by the

Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygiene

etc. to avoid proliferation of Corona virus.

This order will remain operative subject to compliance of the following conditions by the applicant :-

The applicant will comply with all the terms and conditions of the bond executed by him.

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit any other offence during pendency of the trial, failing which this bail order shall stand cancelled automatically

without further reference to the Bench.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.