HARIKANT GURJAR Vs. STATE OF M.P.

JUDGEMENT

(1.) In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsel through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit. Heard the learned counsel for the parties.

(2.) The applicant has filed this first application u/S.438 Cr.P.C . for grant of anticipatory bail as he has apprehension of his arrest in connection with Crime No.139/2020 registered at Police Station Kolaras, Distt. Shivpuri for the offences punishable under Sections 354 of IPC added with 376 of IPC .

(3.) It is submitted by the counsel for the applicant that applicant is a Government servant working in C.R.P.F. Identity card of the applicant has been filed for proof. It is submitted that initially the F.I.R. was lodged under Section 354 of Cr.P.C. and the statement recorded under Section 161 of Cr.P.C. also discloses under Section 354 of IPC only. Subsequently, in the statement under Section 164 of Cr.P.C, the allegation of offence under Section 376 of IPC has been alleged by the complainant. It is submitted that the applicant has been falsely implicated in the case. He has not committed any offence in any manner. The applicant is ready to abide by all the terms and conditions which may be imposed by this court while considering the application for grant of anticipatory bail and he is ready to cooperate in the investigation. The applicant has shown his willingness to contribute an amount of Rs.10,000/-towards the PM Care Fund. There is no possibility of his absconding or tampering with the prosecution case. Counsel for the applicant prays for grant of anticipatory bail to the applicant.