GOPAL Vs. STATE OF M.P.

JUDGEMENT

(1.) ACCUSED -applicant Gopal s/o Shivdayal apprehends his arrest in connection with Crime No. 27/2000 registered at Police Station Khilchipur, District Rajgarh (Biaora) for the alleged charges punishable under Sections 376, 506 and 342 IPC.

(2.) THE prosecution story is that on 9.2.2000 complainant Mamtabai, aged about 20 years and a widow lady, lodged a complaint against the present applicant, who is also aged about 20 years and a student of Government Boys Higher Secondary School, Khilchipur, that on 1.1.2000 one Khemchand came to the house of the prosecutrix and showing the knife took her to his own house where this present applicant Gopal was also present alongwith one other person and all the three persons committed rape with complainant in the house of Khemchand.

(3.) IN case where report is belatedly lodged, case for anticipatory bail can be considered under the present circumstances. Accordingly this is a fit case to grant anticipatory bail to the applicant under the facts and circumstances of the case as has been held by the Supreme Court in the case of Gurbaksh Singh Sibbia v. State of Punjab (AIR 1980 SC 1632) as under : -