Warsha vs State Of Madhya Pradesh

They are heard. Perused the case diary.

This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.502/2019 registered at Police Station Rajgarh, District Dhar (MP) for offence punishable under Sections 376, 376 (2) (n), 450 and 506/34 of the Indian Penal Code, 1860 and also under Section 3 read with Section 4 and Section 5 read with Section 6 of the Protection of Children from Sexual Offence Act, 2012.

As per prosecution case, the prosecutrix has made allegations of house trespass and commission of rape on the pretext of marriage against accused Rahul s/o Rajesh Sakuniya; present applicant is sister of main accused Rahul; and she helped the main accused for commission of alleged offence. Hence, the case has been registered against the present applicant.

Learned counsel for the applicant has submitted that the applicant a young lady aged about 22 years; and she has falsely been implicated in the present crime. The allegation against the applicant is that she made pressure upon the prosecutrix to meet his brother. However, she has not made any such allegation against the applicant in her statement recorded under Section 164 of the Code of Criminal Procedure, 1973. It is also submitted that marriage of the present applicant is scheduled to be held on 14th February, 2020; and a copy of marriage invitation card is also enclosed with the application. He also submitted that the present applicant is ready to cooperate with the investigation; and there is no possibility of his / her absconsion or tampering with the evidence, if enlarged on anticipatory bail. Under these circumstance, learned counsel for the applicant prays for grant of anticipatory bail to the applicant.

On the other hand, learned Public Prosecutor for the non-applicant / State of Madhya Pradesh opposes the application and prays for rejection of the anticipatory bail application.

Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant anticipatory bail to the applicant.

Accordingly, this application is allowed.

It is directed that in the event of arrest, applicant Warsha d/o Rajesh Sakuniya shall be released on bail, upon his / her executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

Accordingly, Miscellaneous Criminal Case No.5513/2020 stands allowed.