ORDER : 1. Leave granted. 2. This appeal challenges the order dated 26.11.2024 passed by the High Court of Madhya Pradesh at Gwalior in Misc. Criminal Case No. 48510 of 2024. 3. Apprehending arrest in connection with the crime registered pursuant to FIR No. 666 of 2024 dated 25.10.2024 lodged with P.S Maharajpura, District Gwalior, Madhya Pradesh in respect of the offences punishable under Sections 64 and 61(2) of the Bharatiya Nyaya Sanhita, 2023, the appellant preferred an application before the High Court seeking anticipatory bail in terms of Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("the BNSS" for short). 4. Said application for anticipatory bail having been rejected by the High Court vide impugned order dated 26.11.2024, the instant appeal has been preferred. 5. Vide order dated 06.12.2024, while issuing notice, this Court granted interim protection in favour of the appellant. 6. We have heard learned senior counsel for the appellant and learned counsel for the respondent-State. 7. Learned senior counsel for the appellant submitted that the offence alleged against the appellant herein are frivolous; that the appellant is a student, who is studying journalism in fifth Semester. The actual offender, who is the main accused is in jail but that is no reason to refuse the grant of anticipatory bail to the appellant herein. He therefore, submitted that impugned order(s) may be set aside and relief of anticipatory bail be granted to the appellant herein. 8. Per contra, learned counsel for the respondent/State, with reference to his counter affidavit submitted that the main accused is in jail. However, it is necessary to interrogate the appellant herein and therefore, custodial interrogation is necessary as sexual assault has been committed on the victim. In the circumstances, there is no merit in this appeal and the same may be dismissed. 9. Considering the circumstances on record, in our view, the appellant is entitled to the relief claimed under Section 482 of the BNSS. 10. We, therefore, allow this appeal and set aside the order passed by the High Court dated 26.11.2024. We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties. 11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation.
We direct that in the event of arrest of the appellant, the Arresting Officer shall release the appellant on bail, subject to furnishing cash security in the sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two like sureties. 11. It is directed that the appellant shall extend complete cooperation in the ensuing investigation. The appellant shall not misuse her liberty and shall not in any way influence the witnesses or tamper with the material on record. 12. With the aforesaid directions, the criminal appeal is allowed.