PRADEEP DAHAYAT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the FIRST application filed under Sec. 438 of Cr.P.C by the applicant, who is apprehending his arrest in connection with Crime No.50/2023 registered at Police Station Devendranagar, district Panna, for the offences punishable under Sec. 376, 376D, 342, 34, 294, 323, 506 and 120-B of IPC.

(2.) It is the submission of learned counsel for applicant that in FIR his name was not referred by prosecutrix but later on incorporated in statements under Sec. 161 and 164 of Cr.P.C. Even otherwise, his role is confined to refer the prosecutrix about some new construction being carried out by his family. It was co-accused Chotu Dahayat who committed rape. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes to cooperate in the investigation and trial and to make himself available as and when required. He would not be source of harassment and embarrassment in any manner to the prosecutrix/ complainant side. Under these grounds, counsel for applicant prayed for grant of anticipatory bail to the applicant. Learned Government Advocate for the State and the learned counsel for the objector/complainant opposed the prayer and prayed for dismissal of this bail application. Although, learned Government Advocate fairly submits that the name of applicant does not figure in FIR and the applicant does not bear any criminal record.

(3.) Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the learned counsel for the parties, the fact that the name of applicant does not figure in FIR and prominently it has been mentioned that applicant does not bear any criminal record and also looking to the nature of allegations against the present applicant, but without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant but with certain stringent conditions. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing personal bond of Rs.50,000.00 (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/ trial Court. This order shall remain operative subject to compliance of the following stringent conditions by the applicant:-