SURESH SHARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) This is the first application under Section 438 of the Cr.P.C filed by the applicants, who apprehend their arrest in connection with Crime No. 307/2019, registered at Police Station- Chachoda, District Guna for the offences punishable under Sections 376, 450, 506, 376(D) and 342 of IPC.

(2.) Learned counsel for the applicants submits that they have apprehension of their arrest on the basis of registration of false offence as referred above. A written complaint was made on which FIR was registered, but the names of present applicants did not figure in the written complaint as well as FIR. Statement under Section 161 of Cr.P.C. was recorded and in that statement also, the names of applicants did not figure. But later on, in supplementary statement recorded under Section 164 of Cr.P.C., the presence of applicants have been recorded and still allegation of rape is not attributable over the applicants. Prosecutrix is wife of cousin of applicant No. 1 and because of the some family dispute, false case has been registered against the applicants. Confinement would bring them social disrepute and personal inconvenience. They undertake to cooperate in the investigation/trial and would make themselve available as and when required. They would not be a source of embarrassment and harassment to the complainant party in any manner. They further undertake to do some community service.

(3.) Therefore, under these undertakings, the applicants may be given the benefit of anticipatory bail.