Naresh Kumar Jatav vs State of M.P.

D.K. Paliwal, J.—Heard.

This is first bail application filed by the applicant u/s 438 of Cr.P.C. for grant of anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No. 70/14 registered at P.S. Cantt, District Guna, for the offence punishable under Sections 376 and 342/34 of IPC.

As per prosecution case, the complainant came to Guna to attend a meeting on 20.11.13. She was returning back. Naresh Jatav, who is friend of her husband, met her at the roundabout and told that he will leave her. Thereafter, Naresh Jatav took her to his house on tempo and told that they will leave after 20 minutes. At that juncture, Sunil also came there and asked why she is standing there and told her to accompany him. Thereafter, Naresh took her in a room and started doing Galat Harkat (forcible sexual intercourse) with her. Sunil also did Galat Harkat with her. Anyhow when she came out from there, Naresh and Sunil threatened her not to disclose the incident to anybody, otherwise they would defame her. Thereafter, the complainant came to her village by bus.

Learned counsel for the applicant submits that applicant has not committed any offence. He has falsely been implicated in the case. The applicant is a government servant. It is further submitted that on 20.11.13 the prosecutrix was in a meeting at Primary Health Center, Bhadora. The report of the incident has been lodged after much delay and no explanation has been offered. It is further submitted that applicant was on duty from 19.11.13 to 21.11.13 at Punjab National Bank, Aasha. There is no likelihood of his absconsion. Hence, prayed for anticipatory bail.

The prayer is opposed by learned Public Prosecutor.

Case diary perused.

The victim is 26 years old married lady and is a Aasha Karyakarta. The report of the incident has been lodged after two and half months. No satisfactory reason has been assigned for the delay.

Considering the fact that victim is a married lady and the report of the incident has been lodged after two and half months, coupled with the fact that applicant is a government servant and there is no likelihood of his absconsion, but without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall be enlarged on bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court.

C.C. as per rules.