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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Jay Narayan – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 60941 of 2022
Decided On : 26-12-2022
Anticipatory Bail - Criminal Procedure Code - The court allowed the application for anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, based on the facts and circumstances of the case and the material available on record. The applicant was directed to be released on anticipatory bail with specific conditions.
Fact of the Case:
The applicant filed for anticipatory bail under Section 438 of the Criminal Procedure Code, 1973, apprehending arrest in connection with a case registered for offences under Sections 376 and 506 of the Indian Penal Code.
Finding of the Court:
The court allowed the application for anticipatory bail, without expressing any opinion on the merits of the case, based on the facts and circumstances of the case and the material available on record.
Issues: The main issue was the grant of anticipatory bail to the applicant who was apprehending arrest in connection with serious offences.
Ratio Decidendi: The court considered the innocence of the applicant, the possibility of false implication, lack of criminal antecedents, and willingness to cooperate with the investigation in allowing the anticipatory bail.
Final Decision: The applicant was directed to be released on anticipatory bail with specific conditions, including furnishing a personal bond and surety, making himself available for interrogation, and complying with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure, 1973.
JUDGMENT
Rajendra Kumar (Verma), J. - This is first application under Section 438 of Criminal Procedure Code, 1973, filed by the applicant for grant of anticipatory bail during trial.
2. T h e applicant is apprehending his arrest in connection with Crime No.393/2022 registered at Police Station Kakanwani, District- Jhabua, for offence under Sections 376 and 506, 1860.
3. As per the prosecution Story, the allegations against the applicant is that he has committed rape upon the prosecutrix, hence, the case was registered against him. by the police.
4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. The applicant has no criminal antecedents. It is further submitted that the applicant has not committed any offence and there was some dispute between the prosecutrix and the applicant regarding some financial transactions. It is further submitted that the prosecutrix is aged about 54 years and she has implicate the applicant falsely. There is no likelihood of his absconding or tampering with the prosecution evidence. The applicant is ready to co-operate with the investigation. On the aforesaid grounds, the applicant may be enlarged on anticipatory bail.
5. Learned counsel for the State has opposed the application and prayed for its rejection.
6. Looking to the facts and circumstances of the case and on perusal of the material available on record including the case diary, without expressing any opinion on the merits of the case, this application is allowed.
7. It is directed that in the event of his/her arrest, the applicant be released on anticipatory bail on his furnishing a personal bond in the sum of Rs. 50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer with the following conditions:-
(i) that he shall make himself available for interrogation by a police officer as and when required.
(ii) that he shall not, directly or indirectly, make any 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 any police officer.
(iii) that he would comply with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure, 1973, meticulously.
Certified copy, as per Rules.
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Grant of anticipatory bail based on the suspicious nature of the prosecution story and the claim of innocence by the applicant's counsel.
The court's decision was influenced by the timing of the incident, the filing of the FIR, and the applicant's willingness to cooperate in the investigation in granting anticipatory bail.
The central legal point established in the judgment is the consideration of the necessity for custodial interrogation and the willingness of the applicant to cooperate with the investigation in grant....
The consensual nature of a relationship and the potential impact of granting anticipatory bail on the investigation were central to the court's decision.
The court's decision was based on the consideration that the offences were not punishable with death or imprisonment for life, and the conditions imposed to address the apprehension of absconding or ....
The absence of necessity for custodial interrogation and the no objection filed by the prosecutrix can influence the grant of anticipatory bail in cases of serious allegations.
Grant of anticipatory bail based on the consideration of false allegations and the existence of a dispute between the parties.
The court established that anticipatory bail can be granted based on the applicant's circumstances, including residency, lack of criminal history, and the nature of the allegations, while emphasizing....
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