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Madhya Pradesh High Court · body

2020 DIGILAW 1050 (MP)

Lokendra Singh v. State Of M. P.

2020-10-08

ANAND PATHAK

body2020
JUDGMENT Anand Pathak, J. - With consent heard finally through video-conferencing. 2. This is the second application under Section 438 of the Cr.P.C filed by the applicant, who apprehends his arrest in connection with Crime No.56/2020, registered at Police Station Kampoo District Gwalior, for the offences punishable under Sections 376, 366, 506, 34 of IPC. His earlier bail application was allowed granting temporary bail to the applicant. 3. Learned counsel for the applicant submits that false case has been registered against him and he is apprehending his arrest on the basis of offence registered above. It is further submitted that this Court earlier granted interim bail because of nature of allegations and the fact that applicant and prosecutrix remained in close proximity and entered into wedlock. It is further submitted that now the applicant and prosecutrix have moved an application under Section 13-B of Hindu Marriage Act, 1955 before the competent Court seeking divorce. Document dated 06- 10-2020 has been filed in support of submission. Now both intend to part their ways. Confinement would bring social disrepute and personal inconvenience. He undertakes to cooperate in the investigation/trial and keep himself available as and when required. He would not be source of harassment and embarrassment in any manner to the complainant party in any manner. Looking to COVID-19 pandemic situation and the fact that no custodial interrogation is required, sympathetic consideration be made. Thus, prayed for anticipatory bail. 4. Learned counsel for the State opposed the prayer made by the applicant and prayed for its rejection. 5. Learned counsel for the complainant also opposed the prayer but fairly informed this Court that complainant and applicant have moved an application under Section 13-B of Hindu Marriage Act before the competent Court. 6. Heard learned counsel for the parties and case diary perused through video-conferencing. 7. Considering the facts and circumstances of the case and looking to the COVID -19 situation, but without expressing opinion on merits of the case, I deem it appropriate to allow this application under Section 438 of Cr.P.C.. It is hereby directed that in the event of arrest, the applicant shall be released on bail on already furnished bail bond of Rs.1,00,000/-(Rupees One Lac Only) and solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency. 8. Accordingly, the order dated 24-07-2020 whereby applicant has been admitted to interim bail is hereby made absolute. 9. It is hereby directed that in the event of arrest, the applicant shall be released on bail on already furnished bail bond of Rs.1,00,000/-(Rupees One Lac Only) and solvent surety of the like amount to the satisfaction of Investigating Officer/Investigating Agency. 8. Accordingly, the order dated 24-07-2020 whereby applicant has been admitted to interim bail is hereby made absolute. 9. E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court. 10. Certified copy/ e-copy as per rules/directions. 11. Application stands allowed and disposed of.