RAMDUTT SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.373/2019, registered at Police Station Ambah, District Morena, for the offences punishable under Section 376-D of IPC.

(2.) It is the submission of learned counsel for the applicant that applicant is apprehending his arrest on the basis of registration of offence as referred above. According to him, it is a case of false implication. It is further submitted that alleged date of incident is of December, 2017 and FIR has been registered on 31.07.2019 after more than one and half year, which itself indicates the nature of allegation. Even otherwise, contents of FIR and statement of prosecutrix indicate an improbable and peculiar series of events. The way, different letters have been sent to the higher authorities indicate that some persons are applying their mind to implicate the applicant on false pretext. Applicant does bear any criminal record and is a peaceful resident of Tehsil Ambah. Confinement would bring him social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and make himself available as and when required by the trial Court. He further submitted that he would not be a source of embarrassment and harassment to the complainant in any manner. He also undertakes that he would not move in the vicinity of complainant party.

(3.) Therefore, anticipatory bail application may be allowed.