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Judgment
19 paragraphs · 355 wordsJ. P. Gupta, J
This is first application filed by the applicant/accused under section 438 of Cr.P.C. for grant of anticipatory bail, apprehending her arrest in connection
with Crime No.97/2020 registered at Police Station Sultanganj, District Raisen for the offences under sections 376(D), 120-B, 342, 506 read with
section 34 of the IPC.
The allegation against the applicant-accused is that she took the prosecutrix to her house and locked her in the room in which her husband was
present, who committed rape with the prosecutrix and thereafter, her son also committed rape with her.
It is submitted that the applicant is innocent. The prosecutrix quarreled with her husband, therefore, she came to the house of applicant and thereafter,
under pressure of her husband, the prosecutrix lodged a false report against the applicant, her husband and son. It is clear from the Roznamchasanah
No.21 dated 19th June, 2020 and the statement of the prosecutrix, a false case has been lodged against the applicant. Other co-accued persons have
been granted bail by this Court. It is further submitted that there is no need to arrest the applicant for custodial interrogation. There is no likelihood of
her absconding or tampering with the prosecution evidence. Hence, the applicant be enlarged on anticipatory bail.
Learned PL opposing the submissions made on behalf of the applicant has prayed for rejection of the anticipatory bail application.
Having considered the contentions of learned counsel for the parties and perusal of record, but without commencing anything on the merits of the
case, this application is allowed and it is ordered that the applicant-accused today and if she is arrested by the Investigating officer, she shall be
released on bail on furnishing a bail bond and surety bond for a sum of Rs.40,000/-(Rs. Forty Thousand only) to the satisfaction of the Arresting
authority. If she fails to do so, the effect of this order shall be vacated automatically.
The applicant-accused is directed to join the investigation immediately and fully co-operate with the investigation. She shall further abide by the other
conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.