Dharmendra Yadav vs State of M.P.

B.D. Rathi, J.—Case Diary is perused. Learned counsel for the rival parties are heard.

This is first application u/s 438 Cr.P.C. by the applicant for grant of anticipatory bail. Applicant apprehends his arrest in connection with offences punishable under Sections 376 & 506 of IPC registered as Crime No. 61/2013 at Police Station Seoni-Malwa, District - Hoshangabad (M.P.).

It is argued on behalf of the State by Shri Namdeo that this bail petition should be rejected, because very heinous offence punishable u/s 376 of IPC has been registered against the applicant, in which, investigation is still pending.

On the contrary, it is argued on behalf of applicant that it is a fit case for grant of anticipatory bail in the light of the statement given by the prosecutrix.

From the perusal of the statement recorded u/s 161 of Cr.P.C. on 25th February, 2013 of the prosecutrix, it is clear that on 20/6/2012, the prosecutrix attended the age of 18 years and after that about three times, sexual intercourse were committed by the applicant with the prosecutrix. An FIR was lodged on 26th February, 2013. Investigation is almost completed.

Considering the facts and circumstances of the case, in the opinion of this Court, it is a fit case where benefit of anticipatory bail can be granted to the applicant.

Accordingly, this anticipatory bail application is allowed and it is hereby directed that in the event of arrest, applicant Dharmendra Yadav shall be released on bail on furnishing a personal bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority on the condition that he shall remain present before the Court concerned during the trial. It is also directed that applicant will extend his full cooperation for investigation and he shall remain present as and when required. The applicant shall also abide by the conditions as enumerated u/s 438(2) of Criminal Procedure Code.

It is made clear that if condition of bail bond is violated by the accused then this bail order will automatically be treated as cancelled and further steps in accordance with law may be taken against accused or surety by the trial court without seeking any order from this court.

A copy of this order be sent for compliance to the concerned police station and Court. Certified copy as per rules.