JUDGMENT 1.Heard. Perused the case diary. 2. This is first application under Section 438 of Cr.P.C. filed for grant of anticipatory bail on behalf of applicant. 3. Applicant is apprehending his arrest in connection with Crime No. 637/2014 registered against him at Police Station Dabra, District Gwalior (M.P.) for commission of offence punishable under Sections 376(2)(g), 450, 506B of IPC. Prosecution story, in nutshell, is that incident occurred on 04.07.2014 at about 03:00 am. Prompt report was lodged at about 11:00 on the same day by the prosecutrix to the effect that since present applicant used to visit her husband Amarjeet alias Bitta, she knew him. She also knew Sukkha Parihar as he also used to come in the vicinity. She had visited the present applicant two to four times as he had assured to get her job and on such pretext he had also received Rs. 40,000/- from her. She further stated in the FIR that in the intervening night at about 11:00 after having meals, she and her children had slept on the second floor. As there was power cut in the night, she went on the roof of the house and slept thereat. At about 03:00 am after climbing the wall, “present applicant and Sukkha Parihar got her and her children awaken and asked her to come down”. 4. When she refused on which co-accused Sukkha Parihar told her that he would kill her child. When on account of fear R.D. Namdev @ Rameshwar Dayal Namdev Vs. State of M.P surrounded she went with them where both the accused had committed rape with her. After commission of offence, both the accused fled away, unfortunately one live cartridge fell on the spot. 5. Prayer for bail was made on the ground that one complaint was lodged by R.D. Namdev father of applicant against one Jitendra Prajapati ADPO, Dabra that he has obtained the job on the basis of forged case certificate. Another complaint was made by R.D. Namdev against the mother of Jitendra Prajapati, Smt. Mithlesh Prajapati. Aforesaid complaints were examined and referred to the screening committee. Learned counsel for the applicant submitted that due to aforesaid inimical relationship, complainant has lodged this FIR in collusion with Jitendra Prajapati. Another complaint was made by R.D. Namdev against the mother of Jitendra Prajapati, Smt. Mithlesh Prajapati. Aforesaid complaints were examined and referred to the screening committee. Learned counsel for the applicant submitted that due to aforesaid inimical relationship, complainant has lodged this FIR in collusion with Jitendra Prajapati. It has also been submitted that husband of complainant Amarjeet Singh has sworn an affidavit stating on oath that his wife -complainant is in habit of making false complaint and she is of loose character. 6. It is also submitted by the learned counsel that the perusal of the facts mentioned in the FIR goes to show that entire story is concocted by alleging that accused persons got awaken the prosecutrix and her children and thereafter she was brought to the first floor and then rape was committed. It is unnatural that if anybody who wants to commit the offence of rape then why he shall get the children awaken and why he shall ask the prosecutrix to come on the first floor? In the present case, if there was any intention to commit the offence then certainly on the spot where the prosecutrix was sleeping it could have been committed. R.D. Namdev @ Rameshwar Dayal Namdev Vs. State of M.P Prayer is opposed by the learned Public Prosecutor. 7. Having regard to the arguments advanced by the learned counsel, entire case diary has been perused. In the medical report, not a single injury was found present either on the private parts or external by the doctor. After considering all these facts and circumstances of the case and the fact that applicant is permanent resident of area and there is no possibility of his absconsion but without commenting on the merits of the case this Court directs that if the applicant surrenders before the Investigating Officer on or before 14/10/2014 and thereafter furnishes personal bond in the sum of Rs. 50,000/-(Rs. Fifty Thousand Only) with one solvent surety to the satisfaction of concerning Investigating Officer then he be released on bail, subject to compliance of the conditions enumerated under section 438(2) of Cr.P.C. Accordingly, application is allowed. C.C. as per rules.