High CourtsSingle Bench

Rajendra vs State Of Madhya Pradesh Station

Madhya Pradesh High Court · Decided on 15 February 2022 · Citation: (2022) 02 MP CK 0107

HON’BLE JUDGES
Vijay Kumar Shukla, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438, 438(2) · Indian Penal Code, 1860 — Section 376, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.8110 Of 2022
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Judgment

17 paragraphs · 320 words

Vijay Kumar Shukla, J

This is the first application of the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail in connection with Crime No. 69/2022 registered

at Police Station: Aerodrom, Indore for the offences under Sections 376, 506 of the IPC.

It is submitted that the applicant has been falsely implicated in the case at the instance of the complainant. The complainant is also working as Police

Constable Radio in the same department. The complainant is a major lady and she was in relation with the present applicant since 2020. The applicant

has produced photocopy of the hotel registration to show that both had stayed in the hotel and were in relationship.

Learned counsel for the applicant submits that later because of interference of the family members, the report has been lodged by the complainant.

The prosecutrix is a major and consenting party. The applicant is working as Police Constable Radio in the police department. In case if he is arrested,

he may loose his job as well.

Learned counsel for the respondent/state has opposed the prayer but could not dispute the fact narrated by the learned counsel for the applicant.

In view of the aforesaid submission, I am of the view that there is no material against the present applicant, therefore, the applicant is entitled for grant

of anticipatory bail.

It is directed that in the event of arrest, applicant shall be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rs.Fifty Thousand

Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in

sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr.Viraj Godha, learned PL, on their

respective email addresses, for intimation to the police station concerned.