Grant of anticipatory bail based on the possibility of false implication and the applicant's willingness to abide by stringent conditions.

JUDGMENT

G.S. ahluwalia, J. - This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.155/2022 registered at Police Station University, District Gwalior for offence under Sections 341 and 195-a of IPC.

It is submitted by counsel for the applicant that an offence in Crime No. 484/2021 has been registered against the applicant under Section 376 of IPC in Police Station University, District Gwalior (M.P.). He was granted bail by the Co-ordinate Bench of this Court by order dated 03/02/2022 passed in MCRC No.5401/2022. It appears that in order to falsely implicate the applicant, present FIR has been lodged by alleging that on 24/02/2022 at about 3.00 to 3.30 pm, she was going alongwith her husband. They were waylaid by the applicant and a threat was extended that if the matter registered under Section 376 of IPC is not compromised, then he would kill the complainant as well as her husband. It is submitted that although the alleged offence was committed on 24/02/2022 but the FIR was lodged on 20/04/2022. Further, it is clear from the certificate issued by Branch Manager LIC, Branch Dabra, the applicant had attended the office at 10.00 am and signed out at 05.30 pm. Thus, it is clear that on 20/04/2022 he was in his office at Dabra whereas the incident is alleged to have taken place at Gwalior. Thus, it is clear that FIR has been falsely lodged. The applicant is ready and willing to abide any stringent condition which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State as well as counsel for the complainant.

Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (arresting Officer) on or before 14/05/2022, he shall be released on bail on his furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the arresting Officer (Investigating Officer).

The applicant shall make himself available for interrogation by the Investigating Officer as and when required. He shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (arresting authority) on or before 14/05/2022, then this order shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.