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2022 DIGILAW 1479 (MP)

Kamlesh Sahu v. State of Madhya Pradesh

2022-12-09

ANAND PATHAK

body2022
JUDGMENT Anand Pathak, J. - This is the first application under Section 438 of the Cr.P.C filed by the applicant who is apprehending his arrest in connection with Crime No.139/2022 registered at Police Station- Girjoura, District-Gwalior, for the offences punishable under Sections 354, 456, 34 IPC and added Sections 376 & 511 of the IPC. 2. It is the submission of learned counsel for the applicant that applicant is an old man aged 55 years apprehending his arrest on the basis of registration of a false case against him. It is further submitted that earlier tractor-trolley of applicant was stolen by somebody and case was registered at the instance of applicant vide Crime No.83/2022 on 01.07.2022. During investigation, applicant raised apprehension about alleged role of complainant side in causing theft of tractor, therefore, case was registered against the complainant side also alongwith other accused persons for offence under Section 379 of the IPC. In retaliation thereof, complainant side tried to hurt the present applicant and other co-accused Ramkishan Sahu, on which, case under Section 307 of the IPC was registered vide Crime No.140/2022 on 25.10.2022 at 7:00 am against husband of the complainant. Immediately thereafter on the same day at 3:09 pm, complainant side lodged the complaint for alleged offence as referred above. Therefore, applicant is apprehending his arrest. Case is motivated and as a counter blast, applicant has been implicated. Although allegations against the applicant is of misbehavior with the prosecutrix as narrated in the FIR, but her statements under Section 161 vis-a-vis 164 Cr.P.C., indicates contradictions and improvement as initially, allegation of rape was not alleged but in statement under Section 164 Cr.P.C. rape was alleged.. This renders the story doubtful. Confinement may bring social disrepute and personal inconvenience especially when applicant does not bear any criminal record. It is also submitted that co-accused Ramkishan Sahu has been enlarged on bail by this Court on 21/11/2022 in M.Cr.C. No.54705/2022, hence, applicant seeks parity. Applicant undertakes to cooperate in the investigation/trial and to make 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. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant. 3. Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this bail application. 4. He would not be source of harassment and embarrassment in any manner to the complainant party in any manner. Under these grounds, counsel prayed for grant of anticipatory bail to the applicant. 3. Learned Public Prosecutor for the State opposed the prayer and prayed for dismissal of this bail application. 4. Learned counsel for the complainant also opposed the prayer. Heard learned counsel for the parties and perused the documents appended thereto. 5. Considering the submissions advanced by the learned counsel for the parties and looking to the facts and circumstances of the case as well as the fact that co-accused Ramkishan Sahu has been enlarged on bail by this Court (surpa), without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. It is hereby directed that in the event of arrest, the applicant shall be released on bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority / trial Court. This order shall remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant shall comply with all the terms and conditions of the bond executed by him; 2. The applicant shall cooperate in the investigation/trial, as the case may be; 3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 he is accused; 5. The applicant shall not seek unnecessary adjournments during the trial; 6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; 7. The applicant shall mark his presence on the first and fifteenth day of every month before the police station concerned between 10:30 am to 2:30 pm, till filing of the charge-sheet and any default shall be dis-entitled for him from the benefit of anticipatory bail. 6. Application stands allowed and disposed of. 7. A copy of this order be sent to the trial Court concerned for compliance and information. 8. Certified copy as per rules.