AKASH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.

(2.) T h e applicant is apprehending her arrest in connection with Crime No.257/2023 registered at Police Station- Morar District- Gwalior (M.P.) for the offence punishable under Ss. 376, 376(2)(N) and 506 of IPC. Prosecution case, in short, is that on 22/4/2023 prosecutrix aged about 26 years lodged a computerized complaint against present applicant that she used to talk with present applicant through mobile. On 20/1/2015 at about 3 pm, he called the prosecutrix at his house and on the pretext of marriage, committed forcefully sexual intercourse with her. Thereafter, present applicant assured the prosecutrix to engage her and solemnize marry with her but after some time she came to know that applicant is solemnizing his marriage with another lady. On her report, Crime No.257/2023 at Police Station- Morar District- Gwalior for the offence under Ss. 376, 376(2)(N) and 506 of IPC was registered against present applicant. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. Applicant is permanent resident of District- Gwalior (M.P.) and he is ready to abide by all the terms and conditions as may be imposed by this Court. Under these submissions, prayer for grant of anticipatory bail is made. Per contra, learned counsel for the State vehemently opposed the bail application and prayed for its rejection. Heard learned counsel for the rival parties at length and perused the case diary.

(3.) Looking to the aforesaid facts and circumstances of the case, without commenting on merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond of Rs.25,000.00 (Rupees Twenty Five Thousand Only) to the satisfaction of the Arresting Officer/Investigating Officer. The applicant shall further abide by all other conditions as enumerated in sub-sec. (2) of Sec. 438 of Cr. P. C. With the aforesaid directions, the present application stands allowed and disposed of.