BABULAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This applicants' first application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, he is apprehending his arrest in connection with Crime No.108/2023 registered at Police Station Manpur, District Indore (MP) for offence punishable under Sec. 376(2)(n), 376(2)(c). 376(2)(k) of the Indian Penal Code, 1860.

(2.) Allegations against the applicant is of rape on pretext of marriage. Counsel appearing for the applicant has submitted that the applicant is a Government servant and is employed at BSF posted as Head Constable and is currently posted at Srinagar. It is submitted that the prosecutrix was a consenting party and even according to her complaint, she had last spoken to the applicant on 21/12/2022 whereas the FIR has been lodged on 10/3/2023. It is submitted that the custodial interrogation of the applicant is not necessary and if he is arrested his entire career would be jeopardized.

(3.) Counsel for the respondent / State, on the other hand, has opposed the prayer. O n due consideration of the rival submissions and perusal of the case diary, this Court is inclined to allow the application for anticipatory bail as the custodial interrogation of the applicant is not necessary.