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DEVNARAYAN MISHRA
Tej Narayan Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
This is the first application filed by the applicant under Section 482 of Bhartiya Nagarik Suraksha Sanhita , 2023/Section 438 of Cr.P.C., 1973 seeking anticipatory bail in connection with Crime No.338 of 2024 for the offence punishable under Section 376(2)(n) of IPC registered at Police Station- Mahila Thana, District- Bhopal (M.P.).
2. Learned counsel for applicant has submitted that the applicant and the victim are major and at present both are working as engineer. There was friendly relations between them since 2006. They were having consensual relation from 2010 to 2018 and in the year 2018, the applicant was working in Bangalore and after that there was no talk between them. FIR has been lodged on 10.12.2024, therefore, no case is made out against the applicant, hence, the applicant be released on anticipatory bail.
3. Learned counsel for objector has submitted that no case for anticipatory bail is made out as on the pretext of marriage, applicant has violated the privacy of victim for 8 to 10 years, time and again he has promised to marry but after that he denied to marry, thus it is clear case of violating the privacy of victim and that is punishable under Section 376
Anticipatory bail can be granted when allegations against the applicant are not directly linked to the commission of serious offences, provided conditions are imposed to ensure cooperation with the i....
Personal liberty is a fundamental right that should only be curtailed when necessary, emphasizing the importance of the accused's cooperation and lack of criminal history.
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