Sachin Kurve vs State Of Madhya Pradesh

Rajendra Kumar Verma, J

This is the first application filed by applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending his arrest in Crime No.08/2021 registered at Police Station Mahila Thana Balaghat, District-Balaghat for the offences punishable under Sections 376(2)(n), and 506 of the I.P.C.

Learned counsel for the applicants submits that applicant has been falsely implicated in this case. Learned counsel for applicant further submits that neither allegation of rape nor allegation of abduction is leveled against the applicant. Co-accused Hemant is nephew of the applicant who used to come to the village of the applicant where the prosecutrix is residing. Prosecutrix is major aged about 18 years. She was in relationship with the co- accused. Both are major. She went with the co-accused on her own will and thereafter they performed marriage. As it is an inter-caste marriage; therefore, the parents of the prosecutrix got annoyed. The prosecutrix herself left the house and gave the statement in the police as such. It is also submitted that on 23.5.2021 prosecutrix has been recovered and hand over to the parents. After her submission that she was married to accused and is willing to live with co-accused, after two months, report has been lodged before Mahila Thana in influence of her parents; therefore, it has been prayed that applicant be released on anticipatory bail.

Learned Government Advocate for the respondent/State on the other hand has opposed the application.

Keeping in view the facts and circumstances of the case in their entirety particular the facts as pointed out by the learned counsel for the applicant, in the opinion of this Court, the applicant deserve the benefit of anticipatory bail.

Consequently, without commenting on the merits of the case, the application is allowed.

It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty Thousand Only) with a solvent surety 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 Cr.P.C.

This order will remain operative subject to compliance of the following conditions by the applicant.;-

The applicant will comply with all the terms and conditions of the bond executed by him;

The applicant will cooperate in the investigation/trial, as the case may be;

The applicant will not indulge themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which he is accused.

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave Indian without previous permission of the trial Court/Investigation Officer, as the case may be.

Certified copy as per rules.