KAMLESH SAHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application under Sec. 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.139/2022 registered at Police Station- Girjoura, District-Gwalior, for the offences punishable under Ss. 354, 456, 34 IPC and added Ss. 376 & 511 of the IPC.

(2.) It is the submission of learned counsel for the applicant that applicant is an old man aged 55 years apprehending his arrest on the basis of registration of a false case against him. It is further submitted that earlier tractor-trolley of applicant was stolen by somebody and case was registered at the instance of applicant vide Crime No.83/2022 on 1/7/2022. During investigation, applicant raised apprehension about alleged role of complainant side in causing theft of tractor, therefore, case was registered against the complainant side also alongwith other accused persons for offence under Sec. 379 of the IPC. In retaliation thereof, complainant side tried to hurt the present applicant and other co-accused Ramkishan Sahu, on which, case under Sec. 307 of the IPC was registered vide Crime No.140/2022 on 25/10/2022 at 7:00 am against husband of the complainant. Immediately thereafter on the same day at 3:09 pm, complainant side lodged the complaint for alleged offence as referred above. Therefore, applicant is apprehending his arrest. Case is motivated and as a counter blast, applicant has been implicated. Although allegations against the applicant is of misbehavior with the prosecutrix as narrated in the FIR, but her statements under Sec. 161 vis-a-vis 164 Cr.P.C., indicates contradictions and improvement as initially, allegation of rape was not alleged but in statement under Sec. 164 Cr.P.C. rape was alleged. This renders the story doubtful. Confinement may bring social disrepute and personal inconvenience especially when applicant does not bear any criminal record. It is also submitted that co-accused Ramkishan Sahu has been enlarged on bail by this Court on 21/11/2022 in M.Cr.C. No.54705/2022, hence, applicant seeks parity. Applicant undertakes to cooperate in the investigation/trial and to make himself available as and when required. He would not be source of harassment and embarrassment in any manner to the complainant party in any manner. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant.

(3.) Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this bail application.