Satendra Rathore vs State Of Madhya Pradesh

G.S. Ahluwalia, J

This First Application under Section 438 of CrPC has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No. 48/2021 registered at Police Station City Kotwali District Morena for offence

punishable under Section 376 of the IPC.

It is submitted by the Counsel for the applicant that according to the prosecution case, the prosecutrix is aged about 21 years. According to her

statement recorded under Section 164 of Cr.P.C, the applicant had physical relations with her on multiple occasions during last three years on the false

promise of marriage and it is alleged that now the applicant has refused to marry her and accordingly FIR has been lodged. It is submitted that since

the prosecutrix is aged about 21 years on the date of recording of her evidence, thus it is clear that she was consenting party. Whether her consent

was obtained by misconception of fact is a matter to be decided by the trial Court. The trial is likely to take sufficiently long time. The applicant is

ready and willing to cooperate in the investigation and there is no possibility of his absconding or tempering with prosecution case.

Per Contra, the application is opposed by the State Counsel. However, it is fairly conceded that the prosecutrix is major aged about 21 years and

according to her statement on various occasions the applicant had physical relationship with the prosecutrix on the false promise of marriage.

Considering the submissions made by the counsel for the applicant and without commenting on the merits of the case, the application is allowed

subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 11th of March, 2021, he shall be

released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- ( Rupees One Lac Only ) with one surety in the like amount to the

satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required.

It is made clear that in case if the applicant fails to appear before the Investigating Officer ( Arresting Authority) on or before 11th of March, 2021,

then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

The other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C. would be applicable.