KANHIYALAL Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) BY this application filed under Section 438 of the Cr.P.C. the applicant Kanhiyalal has moved the application for grant of anticipatory bail being implicated in Crime No. 51/12 registered by police station Gandhisagar, Distt. Mandsaur for offence under Sections 366, 376, 506 of the IPC. Counsel for the applicant has vehemently urged the fact that the applicant is an agriculturist and an honest citizen of Bhanpura Distt. Mandsaur. The prosecutrix has now resiled from her earlier statement due to the pressure from her parents, in fact she had lived with the present applicant for a period of 3 months, despite which on return to her parents, she has filed a false complaint against the present applicant. Counsel submitted that the prosecutrix never protested despite going to several places with him and in this light, he was entitled to grant of anticipatory bail. Counsel prayed for grant of anticipatory bail.

(2.) ON considering the above submissions and looking to the nature of the allegations, I find that it is not a fit case for grant of anticipatory bail. However, in the interest of justice, the applicant is better advised to surrender himself before the competent Court. At this juncture, Counsel for the applicant has expressed apprehension that the applicant is likely to be arrested immediately.

(3.) IN view of the above, the application is partly allowed to the extent that the applicant shall surrender himself within a period of on or before 12th September, 2012 before the Competent Court and he shall file application for regular bail from the Competent Court within said period, the application shall be considered forthwith, in accordance with law. I would like to make it abundantly clear that the application for regular bail shall be considered on its own merit by the trial Court. It is also directed that till then the applicant shall not be apprehended or arrested. In case of failure to do so within the said period and the applicant shall be arrested immediately in accordance with the provisions of law without reference to this Court.