Grant of anticipatory bail based on absence of allegations, lack of criminal past, and willingness to cooperate in the investigation and trial.

ORDER : – At the outset, learned counsel for the applicants wants to withdraw this M.Cr.C. so far as it relates to applicant No. 1 Jagdish Dubey s/o Laxmishankar Dubey

2. Prayer is allowed.

3. Accordingly, this application filed on behalf of the applicant No. 1 Jagdish Dubey s/o Laxmishankar Dubey is dismissed as withdrawn.

4. Heard with the aid of case diary.

5. This is first application under section 438 of the Criminal Procedure Code for grant of anticipatory bail. Applicant No. 2 Rahul Dubey apprehends his arrest in connection with Crime No. 39/2022 registered at Police Station Garhakota, District Sagar for the offence punishable under sections 363, 366-A, 376, 376(2)(n) of the Indian Penal Code and section 5(l)/6 of POCSO Act.

6. As per prosecution case, in the month of January, 2022 co-accused Pankaj Dubey took the prosecutrix who was minor to Tikotoriya temple. Thereafter co-accused Pankaj took the prosecutrix to village Bannad where he kept her from where father of the prosecutrix took her to his house. On 25-1-2022 co-accused Pankaj Dubey and Jagdish Dubey again took the prosecutrix and kept her in a house where co-accused Pankaj Dubey committed rape with her.

7. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the crime. There is no allegation against the applicant No. 2 Rahul Dubey that he committed rape with the prosecutrix. Even the name of applicant Rahul Dubey is not mentioned in the FIR and also in the case diary statement of the prosecutrix. Applicant has no criminal past. He is ready to cooperate in the investigation and trial, hence prayed for release of the applicant on anticipatory bail.

8. Learned counsel for the State opposed the prayer.

9. Looking to the facts and circumstances of the case and the fact that there is no allegation against the applicant Rahul Dubey that he committed rape with the prosecutrix, the name of the applicant Rahul Dubey is not mentioned in the FIR as well as in the case diary statement of the prosecutrix, applicant has no criminal past, without commenting on the merit of the case, the application is partly allowed and it is directed that in the event of arrest by the Police in the aforesaid case, the applicant No. 2 Rahul Dubey be released on bail upon his furnishing personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his regular appearance before the Police during the investigation or before the Court during trial.

10. This order will remain operative subject to compliance of the following conditions by the applicant No. 2 Rahul Dubey : –

1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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 will not seek unnecessary adjournments during the trial; and 6. The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

C. C. as per rules.