Saraswati Gautam vs State Of Madhya Pradesh

Pramod Kumar Agrawal, J

This is the first application filed by the applicant under Section 482 of B.N.S.S. for grant of anticipatory bail who is apprehending her arrest in connection with Crime No. 343/2025 registered at Police Station - Samnapur, District Dindori (M.P.) for the offences punishable under Sections 87, 64 (2)(M), 127(4), 115(2), 351(2), 3(5) of BNS, 2023.

As per the prosecution story, the allegation against the applicant is that she alongwith other co-accused has abducted the prosecutrix and co-accused Deepak Thakur has committed rape upon her therefore, the aforesaid offence has been registered against the applicant and co-accused.

Learned counsel for the applicant submits that applicant is a lady. It is further submitted that prosecutrix and main accused Deepak have voluntarily solemnized the marriage and under the pressure of family members, prosecutrix has lodged false FIR against accused persons. Applicant is having responsibility of minor daughter of one year who is dependent on her. Applicant has no criminal antecedents and her custodial interrogation is not required. Therefore, it has been prayed that the applicant may be granted benefit of anticipatory bail

On the other hand, learned counsel for State has opposed the prayer for grant of anticipatory bail and prayed for it's rejection.

Looking to the facts and circumstances of the case and without commenting on the merits of the case, anticipatory bail application filed by the applicant is allowed. It is directed that if the applicant is arrested by the police, then she will be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.

Applicant shall abide by the following conditions under Section 482(2) of B.N.S.S.:-

(a) She shall make herself available for interrogation by a Police Officer as and when required;

(b) She shall not, directly or indirectly, make any inducement, threat or promise to complainant or witnesses;

(c) She shall not leave India without the previous permission of the Court;

(d) She shall not commit similar offence, of which, she is accused or suspected.

(e) She will further abide by the conditions enumerated in Sub-section (3) of Section 480 of the B.N.S.S.

Certified copy as per rules.