SHYAMLAL VISHWAIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) This first application under Sec. 438 of Cr.P.C. has been filed for grant of anticipatory bail.

(2.) The applicant apprehends his arrest in connection with Crime No.155/2022 registered at Police Station University, District Gwalior for offence under Ss. 341 and 195-A of IPC.

(3.) It is submitted by counsel for the applicant that an offence in Crime No. 484/2021 has been registered against the applicant under Sec. 376 of IPC in Police Station University, District Gwalior (M.P.). He was granted bail by the Co-ordinate Bench of this Court by order dtd. 03/02/2022 passed in MCRC No.5401/2022. It appears that in order to falsely implicate the applicant, present FIR has been lodged by alleging that on 24/02/2022 at about 3.00 to 3.30 pm, she was going alongwith her husband. They were waylaid by the applicant and a threat was extended that if the matter registered under Sec. 376 of IPC is not compromised, then he would kill the complainant as well as her husband. It is submitted that although the alleged offence was committed on 24/02/2022 but the FIR was lodged on 20/04/2022. Further, it is clear from the certificate issued by Branch Manager LIC, Branch Dabra, the applicant had attended the office at 10.00 am and signed out at 05.30 pm. Thus, it is clear that on 20/04/2022 he was in his office at Dabra whereas the incident is alleged to have taken place at Gwalior. Thus, it is clear that FIR has been falsely lodged. The applicant is ready and willing to abide any stringent condition which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution witnesses.