Ravi Adiwasi vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

Heard with the aid of case diary.

T h is is first application filed under Section 438 Cr.P.C seeking anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No.298/2023 registered at Police Station Bhitarwar, District Gwalior (M.P.) for the offence punishable under Sections 354, 354-A, 456 and 376 of IPC.

Prosecution case, in brief, is that in the intervening night of 1st - 2nd June, 2023, when the prosecutrix was sleeping with in her hut along with her kids, the applicant entered into there and with an intent to outrage her modesty caught hold her legs and assaulted her. During investigation, it was revealed that the applicant forcefully committed sexual intercourse with her.

Learned counsel for applicant submits that applicant is innocent and has falsely been implicated in the case. He further submits that the prosecutrix is a major married lady. She in FIR and the statement recorded under Section 161 of Cr.P.C. on 11.07.2023 i.e. after more than one month, nowhere alleged that the applicant committed rape with her. She in her statement recorded during investigation under Section 164 of Cr.P.C. for the very first time stated that at the time of incident, the applicant took her child and threatned her. Aforesaid statements are inconsistent with her own FIR as well as statement recorded under Section 161 of Cr.P.C. It is apparent from the record, that she is a consenting party. Except offence punishable under Section 376 of IPC, all the offences are not punishable more than three years of imprisonment. No offence is made out against the applicant. There is no possibility of his absconsion. Therefore, in the aforesaid circumstances, applicant is entitled for grant of anticipatory bail.

Learned Public Prosecutor for the State has opposed the prayer and submitted that the prosecutrix in her statement recorded under Section 164 of Cr.P.C. has made allegations with regard to the rape against the applicant. The allegations alleged against the applicant are serious in nature, therefore, he is not entitled for grant of anticipatory bail.

Having considered the rival submissions, material pointed out by learned counsel for applicant, specially the statements of the prosecutrix recorded under Sections 161 and 164 of Cr.P.C. coupled with the fact that she was major married lady having three kinds, this Court is of the view that applicant deserves to the enlarged on anticipatory bail hence, without commenting on the merits of the case, the application is allowed.

I t is directed that in the event of arrest of the applicant, he shall be released on bail upon 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 Officer for his appearance before the Trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure. M.Cr.C. stands disposed of, accordingly. Certified copy, as per Rules.