Shivendra Parashar vs State Of Madhya Pradesh

Deepak Kumar Agarwal, J

This is first application under Section 438 of CrPC filed on behalf of the applicant for grant of anticipatory bail.

Applicant apprehends his arrest in connection with Crime No. 144/2021 registered at Police Station Sirol, District Gwalior for offences punishable

under Sections 354, 294, 323, 506 and added Section 354-B of IPC.

As per the prosecution case, on 10/07/2021, at about 10:00 pm, while the complainant who is aged about 42 years, was alone in her flat, the applicant-

accused came to the flat. Her son along with her daughter-in-law had gone to his in-laws' house. The complainant knows the applicant for the last one

year, who used to come to her flat. On the alleged date of incident, the applicant accused came inside the flat and told that he likes her and he will

keep her with him. When the complainant objected to it, then the applicant caught hold of her hand and molested her as well as abused her in filthy

languages and torn her clothes. When her son and daughter-in-law came, on seeing them, the applicant accused fled away from the spot. On the next

day, the complainant lodged a written complaint before the police station Sirol, District Gwalior on the basis of which, Crime No. 144 of 2021 for

offence under Sections 354, 294, 323, 506 of IPC was registered and the matter was investigated. Later on, Section 354-B of IPC was added.

It is submitted by Counsel for the applicant that the applicant has been falsely implicated in the case. The matter has been compromised between the

parties. The complainant has also filed an affidavit in this regard. Hence, it is prayed that the applicant may be enlarged on anticipatory bail.

On going through the impugned order of the lower Court, it is evident that the complainant has filed an affidavit saying that the compromise has been

arrived at between the parties.

Before this Court also, Shri Deendayal Atre, learned Counsel appearing for the complainant submits that compromise has been arrived at between the

parties.

On the other hand, Shri Gupta, learned Counsel for the State formally opposed the anticipatory bail application and prayed for its rejection.

Looking to the facts and circumstances of the case as well as considering the submissions made by the counsel for the parties, without commenting on

the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Accordingly, the application is allowed and it is hereby directed

that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand

only) with one solvent surety in the like amount to the satisfaction of Investigating Officer/ Arresting Authority.

The applicant shall further abide by all other conditions as enumerated in sub-section (2) of Section 438 of CrPC.

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