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Madhya Pradesh High Court · body

2018 DIGILAW 1016 (MP)

Asma Khan v. State of M. P.

2018-12-11

ANAND PATHAK

body2018
ORDER 1. Heard finally with the aid of case diary. 2. This is the first application under section 438 of the CrPC by the applicant who apprehends her arrest in connection with offences punishable under sections 363, 376, 342, 120B, 34 of the IPC and 5/6 of the POCSO Act registered as Crime No. 566 of 2018 at Police Station Thana Janakganj district Gwalior. 3. It is the submission of learned counsel for the applicant that the statement recorded under section 161 of the CrPC of the prosecutrix itself reveals that the applicant was not in the frame of incident but later on, just to frame her on false pretext, her name was taken by the prosecutrix in her subsequent statement recorded under section 164 of the CrPC. The contradiction surfaced in the FIR and the statement itself indicates nature of the incident. Applicant is 19 years old girl and confinement would bring social disrepute to her and her family. She undertakes to cooperate in the investigation. On these grounds, he prayed for grant of anticipatory bail to the applicant. 4. On the other hand, learned counsel for the State has opposed the prayer and prayed for rejection of this bail application. 5. Considering the facts and circumstances of the case and perusal of case diary, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under section 438 of the CrPC. It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs. 50,000/-(Rupees Fifty thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority. 6. This order will remain operative subject to following conditions: 1. The applicant will comply with all the terms and conditions of the bond executed by her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant shall not commit an offence similar to the offence of which she is accused; 5. The applicant will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be. 7. The applicant will regularly appear before the trial court and will cause her appearance on first Monday of every month before the concerned Police Station between 10 a.m. to 12 Noon along with one of her family member till filing of charge sheet. A copy of this order be sent to the Court concerned for compliance.