ORDER

1. Heard the counsel for the parties and case diary perused.

2. This is first application under section 438 of CrPC for grant of anticipatory bail. Applicant apprehends her arrest in connection in Crime No. 851/2018 registered at Police Station Civil Lines, DistrictVidisha for the offence punishable under sections 376(2) (n), 376 (2)( i), 354D, 120B of IPC, sections 3/4, 5/6 of Protection of Children from Sexual Offences Act, 2012 (POCSO), sections 67, 67A and 67B of Information Technology Act, 2000.

3. Applicant is a lady aged about 38 years and is a Corporator in Municipal Corporation, Vidisha. She is apprehending her arrest because of registration of case referred above.

4. Learned senior counsel appearing for applicant submits that case is of false implication. The police authorities are taking reliance over the statement of co-accused Dr. Piyush Saxena, who happens to be applicant's husband to fasten liability over the applicant ignoring the legal position that statement of her husband is exculpatory in nature; whereas, applicant is not involved in offence. He relied on the decision of Hon'ble apex Court in the matter of Kalpnath Rai v. State (through CBI), AIR 1998 SC 20