SHIVANI TOMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicant has filed this first application under Section 438 of Cr.P.C for grant of bail, who is apprehending her arrest for the offence punishable under Sections 376, 323, 294, 506, 34 of IPC registered at Crime No. 320/2019 by Police Station Thatipur, District Gwalior.

(2.) It is submission of learned counsel for the applicant that false case has been registered against her. No ingredients of offence 376 of IPC are present in the contents of FIR itself. The main accused Ajay Tomar, who allegedly committed rape is already in custody. Learned counsel fairly submits that Ajay Tomar has been arrested by the police on 26.07.2019 and soon his brother Rahul Tomar shall be arrested. He further undertakes that she has no role directly or indirectly to play in the instant case. She is aged 25 years and a student and confinement would bring social disrepute and personal inconvenience to her. She undertakes to cooperate in the trial as well as in the investigation and would make herself available as and when required and would not be a source of embarrassment or harassment to the complainant party in any manner and would not committ offence of same nature. Learned counsel further submits that the applicant intends to perform some community service. Under these circumstances, applicant seeks anticipatory bail.

(3.) Learned Public Prosecutor for the respondent-State opposed the prayer and prayed for its dismissal.