The court may grant anticipatory bail based on the absence of the applicant's name in the FIR, lack of criminal record, and the nature of allegations against the applicant, while imposing stringent conditions for compliance.

JUDGMENT

Anand Pathak, J. - This is the FIRST application filed under section 438 of Cr.P.C by the applicant, who is apprehending his arrest in connection with Crime No.50/2023 registered at Police Station Devendranagar, district Panna, for the offences punishable under sections 376, 376D, 342, 34, 294, 323, 506 and 120-B of IPC.

2. It is the submission of learned counsel for applicant that in FIR his name was not referred by prosecutrix but later on incorporated in statements under sections 161 and 164 of Cr.P.C. Even otherwise, his role is confined to refer the prosecutrix about some new construction being carried out by his family. It was co-accused Chotu Dahayat who committed rape. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience. Applicant undertakes to cooperate in the investigation and trial and to make himself available as and when required. He would not be source of harassment and embarrassment in any manner to the prosecutrix/ complainant side. Under these grounds, counsel for applicant prayed for grant of anticipatory bail to the applicant.

3. Learned Government Advocate for the State and the learned counsel for the objector/complainant opposed the prayer and prayed for dismissal of this bail application. Although, learned Government Advocate fairly submits that the name of applicant does not figure in FIR and the applicant does not bear any criminal record.

4. Heard learned counsel for the parties and perused the case diary. Considering the submissions advanced by the learned counsel for the parties, the fact that the name of applicant does not figure in FIR and prominently it has been mentioned that applicant does not bear any criminal record and also looking to the nature of allegations against the present applicant, but without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant but with certain stringent conditions. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing personal bond of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/ trial Court.

5. This order shall remain operative subject to compliance of the following stringent conditions by the applicant:-

1. The applicant shall comply with all the terms and conditions of the bond executed by him;

2. The applicant shall cooperate in the investigation/trial, as the case may be;

3. The applicant shall not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 shall not seek unnecessary adjournments during the trial;

6. The applicant shall not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

7 . The applicant shall mark his presence on every Sundays and Thursdays of every month before Police Station Devendranagar, district Panna, concerned between 10:00 am to 2:00 pm till filing of the charge-sheet and any default on his part shall dis-entitle him from the benefit of anticipatory bail.

8. The appellant would not be a source of embarrassment or harassment t o the complainant side in any manner and shall not move in the vicinity of complainant in future and shall not try to contact prosecutrix in person through electronic mode or through somebody else.

Application stands allowed and disposed of.

A copy of this order be sent to the trial Court concerned for compliance and information.

Certified copy as per rules.