ROHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) They are heard. Perused the case diary / challan papers. This is applicant's FIRST application under Sec. 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.88/2023 registered at Police Station M.G. ROAD, Indore District Indore (MP) for offence punishable under Ss. 376,294,376(2) of the Indian Penal Code, 1860.

(2.) Counsel for the applicant at the outset, has submitted that although the allegation against the present applicant is of rape. However, the prosecutrix has also filed her no objection. It is also submitted that the prosecutrix is aged around 34 years and the date of incident is 13/2/2022 whereas the FIR was lodged on 22/2/2022 and thus, his custodial interrogation is not necessary. In such circumstances, there is nothing to connect the applicant with the present crime. Thus, it is submitted that the applicant be released on anticipatory bail. Counsel for the prosecutrix/objector has also submitted that he has no objection if the applicant is released on anticipatory bail and the prosecutrix has also filed an affidavit to this effect that she has no objection if the anticipatory bail is allowed. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that the case diary is not available.

(3.) On due consideration of submissions and on perusal of the case-diary as also the documents filed on record including the affidavit filed by the prosecutrix, this Court finds force with the contentions as advanced by the counsel for the applicant and is of the view that the custodial interrogation of the applicant is not necessary. Accordingly, the application stands allowed. It is directed that in the event of arrest, applicant ROHIT S/O LATE SUBASHCHANDRA GHANOTE shall be released on bail, upon executing a personal bond in the sum of Rs.25,000.00 (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).