Sujeet Kumar Raikwar vs State Of Madhya Pradesh And Others

Sanjay Dwivedi, J

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

Applicant is apprehending his arrest in connection with Crime No.178/2021 registered by Police Station Nowgaon District Chhatarpur for the offences

punishable under Sections 363, 366, 376 of the Indian Panel Code and Section 3/4 of POCSO Act.

Learned counsel for the applicant submits that the present applicant has been falsely implicated in the case because the brother-in-law of the present

applicant is in affair of the prosecutrix who was aged about 17 years 10 months and because of the said relationship, present applicant has been

falsely implicated. He further submits that the statement of the prosecutrix has been recorded under Section 164 of Cr.P.C and nothing has been said

against the present applicant by the prosecutrix so as to make out a case under the said offence against the present applicant.

Learned counsel for the respondent-State has opposed the application and also read over the statement of prosecutrix recorded under Section 164 of

Cr.P.C.

Considering the allegations made against the applicant, without commenting anything on merit, this application is allowed as the prosecutrix has said

nothing against the present applicant, so as to make out a case under the said offence against the present applicant. It is directed that in the event of

arrest, the applicant shall be enlarged on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with a

surety bond of like amount to the satisfaction of Arresting/Investigating Officer concerned.

It is further directed that the applicant shall abide by the conditions mentioned in Section 438(2) of the Code of Criminal Procedure.

Certified copy as per rules.