Bharat Ahirwar vs State Of Madhya Pradesh

Akhil Kumar Srivastava, J

This is the first application under Section 438 Cr.P.C. for anticipatory bail. The applicant apprehends his arrest in connection with Crime No.580/2021

registered at Police Station- Kotwali, District-Damoh for the offence under Section 376(2)(N) of IPC.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated. It is further submitted that the complainant

herself appeared before the Court below and stated that due to dispute of date of marriage, she got annoyed and lodged the FIR. The prosecutrix is a

major lady. The false case has been concocted against the applicant. There is no custodial interrogation required in this matter. The applicant is ready

to co-operate with investigation and shall abide by all the conditions which may be imposed by this Court; hence, prays for anticipatory bail.

Learned counsel for the respondent/State opposes the bail application and prays for it's rejection.

Counsel for the objector has no objection to grant the bail to the applicant.

Heard rival contentions of the parties and perused the entire documents annexed with the PDF file.

Looking to the entire facts and circumstances of the case and the role attributed to the applicant including the fact that the prosecutrix is a major lady,

without expressing any opinion on merits of the matter, this application is allowed. It is directed that in the event of arrest or surrender of applicant -

Bharat Ahirwar before the Arresting Authority/Investigating Officer in relation to the aforementioned crime number within a period of 15 days from

today, he shall be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand) with a solvent surety each in like

amount to satisfaction of Arresting/Investigating Officer on following conditions:

(1) The applicant will comply with all the terms and conditions of the bond executed by him;

(2) The applicant will cooperate in the investigation/trial as well as scientific investigation like DNA sampling, as the case may be;

(3) 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 from disclosing such facts to the Court or to the Police Officer, as the case may be;

(4) The applicant shall not commit any offence during the period of bail;

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

(6) The applicant shall inform the Investigating Officer/trial Court about his address and residence in case he moves out from permanent address for

any point of time;

(7) The applicant shall not contact any of the other accused persons in this case in any manner whatsoever; and

(8) Such other condition as may be imposed under sub-section (3) of section 437, as if the bail was/were granted under that section.

In the event of breach of any of the conditions imposed by this Court, the complainant/victim/State will be at liberty to move an application for

cancellation of bail granted today.

The applicant shall follow the advisory issued by the Govt. from time to time in respect of COVID-19.

Certified copy as per rules.