Nitesh Barman vs State Of Madhya Pradesh And Others

Sandeep N. Bhatt, J

This first application has been filed by the applicant under Section 482 of BNSS, 2023 for grant of anticipatory bail in relation to FIR/Crime No.71/2026 registered at Police Station - Gorakhpur District - Jabalpur (MP) for commission of offences punishable under Section 64(1),115(2), 296(b) and 351(3) of the BNS,2023.

As per the prosecution story, it is alleged that applicant forcibly established physical relations with the prosecutrix. F.I.R was registered.

Learned counsel for the applicant has submitted that present applicant is innocent and has been falsely implicated. He has not committed any offence. Prosecutrix is married woman. They knew each other prior to marriage. Applicant is 30 years old married person After marriage also they had developed relationship. F.I.R is lodged after delay of 07 days. On the aforesaid grounds, grant of anticipatory bail is prayed.

On the other hand, learned counsel for the State has opposed grant of anticipatory bail.

Heard learned counsel for the parties and perused the case diary.

Considering the nature of allegation, the material available on record, age of the applicant, delay of 07 days in lodging the F.I.R, the fact that both were known to each other prior to their marriage and both are married, therefore, looking to the facts and circumstances of the case but without expressing any opinion on the merit of the case, I am of the view that it is a fit case to grant anticipatory bail. Consequently, this first anticipatory bail application under Section 482 of BNSS, 2023 for grant of anticipatory bail filed on behalf of applicant, stands allowed.

It is directed that in the event of arrest, the applicant be released on bail on his furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Authority. At the stage of filing of charge-sheet by police, applicant shall furnish fresh bail bond of same amount before trial Court to its satisfaction subject to following conditions:-

(i) Applicant shall make himself available for interrogation by a police officer as and when required;

(ii) Applicant is directed to join investigation, then and there.

(iii) Applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer and shall not involve himself in any criminal activity.

(iv) He shall abide all the conditions enumerated under section 480(2) of BNSS, 2023. Applicant shall surrender himself before the Investigation Officer within seven days from today failing which this order shall become ineffective.

However, it is being made clear that in case of bail jump and in violation of any of conditions imposed herein above, this order shall become ineffective and Investigation Officer/Trial Court shall be at liberty to proceed against the applicant as per law.

Certified copy as per rules.