RACHNA CHAUHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this second bail application under Sec. 438 of the Code of Criminal Procedure, 1973. The applicant is apprehending her arrest in connection with Crime No.463/2021 registered at P.S - Neemuch Cantt., Neemuch (M.P.) for commission of offence punishable under Sec. 363, 376(D), 506 of IPC and under Sec. 3/4 of POCSO Act.

(2.) Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the aforementioned offence. He further submits that the applicant is a government servant, therefore, there is no apprehension of either running away from the court of justice or tampering any evidence. He further submits that PW-1, PW-2 Meena and PW-3 Sunita have been examined before the trial court and they have turned hostile and not supported the prosecution story and therefore, there is no evidence available against the applicant. The applicant has no criminal background. He further submits that the applicant and her husband being seated in front of the car have received serious injuries and the prosecutrix being seated at the back seat of the car has received minor injuries. Hence, he prays that applicant be released on anticipatory bail.

(3.) Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in the event of applicant's arrest, the applicant be released on anticipatory bail upon her furnishing a personal bond in the sum of Rs.50,000.00 (Rs. Fifty Thousand) with one solvent surety in the like amount to the satisfaction of arresting officer for her appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Sec. 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.