JUDGMENT S K Awasthi, J. - They are heard. Perused the case diary / challan papers. 2. This first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail has been filed by the applicant, who is apprehending his / her arrest in connection with Crime No.94/2020 registered at Police Station Daloda, District Mandsaur (MP) for offence punishable under Sections 376 (2) (N), 109, 384 and 506 read with Section 34 of the Indian Penal Code, 1860. 3. As per the prosecution case, it is alleged that accused Chandan @ Akash s/o Gopaldas Bairagi (son of the present applicant) on a false promise of marriage committed rape upon the prosecutrix, blackmailed and also taken money from her. It is also alleged when the prosecutrix informed the applicant regarding the conduct of his / her son, then he / she ill treated with her (the prosecutrix). It is further alleged that present applicant along with other co-accused person helped accused Chandan @ Akash s/o Gopaldas Bairagi (son of the present applicant) in commission of the Offence. Hence, case has been registered against the present applicant and other co-accused person (s). 4. Learned counsel for the applicant has submitted that the applicant is aged about 48 years and he has no nexus with the alleged crime. It is alleged that accused Chandan @ Akash s/o Gopaldas Bairagi (who is the son of present applicant) has made physical relationship with the prosecutrix on the pretext of marriage and thereafter, he refused to marry with her. When the prosecutrix made complaint to the applicant regarding the aforesaid act of his son, then he ill-treated with her and told that he will solemnize marriage of his son in their caste; and on that basis, the present case has been registered against the applicant. There is nothing on record to show that the present applicant was aware about the conduct of his son, therefore, if all the allegations made against the applicant are accepted on its face value, then no alleged offence is made out against the applicant. It is further submitted that there is no possibility of his / her absconsion or tempering with the evidence. The applicant is ready to cooperate with the investigation.
It is further submitted that there is no possibility of his / her absconsion or tempering with the evidence. The applicant is ready to cooperate with the investigation. He further submitted that co-accused Guddibai w/o Kailashdas Bairagi has already been granted anticipatory bail by this Court vide order dated 17.08.2020 passed in Miscellaneous Criminal Case No.22935/2020. Under these circumstances, learned counsel for the applicant prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned Panel Lawyer for the non-applicant / State of Madhya Pradesh as well as learned counsel for the objector / complainant opposes the application and prays for rejection of the anticipatory bail application. 6. Considering the facts and circumstances of the case, but without commenting anything on the merits of the matter, I deem it proper to grant anticipatory bail to the applicant. 7. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant Gopaldas s/o Kaludas Bairagi shall be released on bail, upon his / her executing a personal bond in the sum of Rs.50,000/- (rupees fifty thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer). 8. The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973. 9. Accordingly, Miscellaneous Criminal Case No.32675/2020 stands allowed. 10. IA No.6795/2020, an application under Section 302 of Code of Criminal Procedure, 1973 for grant of permission to appoint Mrs. Anjum Parekh, advocate to assist learned Panel Lawyer for the non applicant / State of Madhya Pradesh stands disposed of. 11. IA No.6794/2020, an application for objection to grant of anticipatory bail also stands disposed of. 12. Certified copy as per rules.