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IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Subodh Abhyankar, J.
Rohit – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 11294 of 2023
Decided On : 17-03-2023
Anticipatory Bail - Rape Allegation - The court granted anticipatory bail to the applicant based on the absence of necessity for custodial interrogation and the no objection filed by the prosecutrix.
Fact of the Case:
The applicant sought anticipatory bail in connection with a case of rape under Sections 376, 294, 376(2) of the Indian Penal Code, 1860. The prosecutrix filed a no objection, and the counsel argued against the necessity of custodial interrogation.
Finding of the Court:
The court found that custodial interrogation of the applicant was not necessary, considering the submissions and the affidavit filed by the prosecutrix. The application for anticipatory bail was allowed, with specific conditions imposed on the applicant.
Issues: The main issue was the necessity of custodial interrogation in the case of rape allegation and the relevance of the prosecutrix's no objection in granting anticipatory bail.
Ratio Decidendi: The court's decision was influenced by the absence of necessity for custodial interrogation and the no objection filed by the prosecutrix, leading to the grant of anticipatory bail to the applicant.
Final Decision: The court allowed the application for anticipatory bail, directing the release of the applicant upon executing a personal bond and furnishing surety, with specific conditions to cooperate with the investigation.
JUDGMENT
Subodh Abhyankar, J. - They are heard. Perused the case diary / challan papers.
2. This is applicant's FIRST application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicant is apprehending his / her arrest in connection with Crime No.88/2023 registered at Police Station M.G. ROAD, Indore District Indore (MP) for offence punishable under Sections 376,294,376(2) of the Indian Penal Code, 1860.
3. Counsel for the applicant at the outset, has submitted that although the allegation against the present applicant is of rape. However, the prosecutrix has also filed her no objection. It is also submitted that the prosecutrix is aged around 34 years and the date of incident is 13.02.2022 whereas the FIR was lodged on 22.02.2022 and thus, his custodial interrogation is not necessary. In such circumstances, there is nothing to connect the applicant with the present crime. Thus, it is submitted that the applicant be released on anticipatory bail.
4. Counsel for the prosecutrix/objector has also submitted that he has no objection if the applicant is released on anticipatory bail and the prosecutrix has also filed an affidavit to this effect that she has no objection if the anticipatory bail is allowed.
5. Counsel for the respondent/State, on the other hand, has opposed the prayer and it is submitted that the case diary is not available.
6. On due consideration of submissions and on perusal of the case-diary as also the documents filed on record including the affidavit filed by the prosecutrix, this Court finds force with the contentions as advanced by the counsel for the applicant and is of the view that the custodial interrogation of the applicant is not necessary.
7. Accordingly, the application stands allowed. It is directed that in the event of arrest, applicant ROHIT S/O LATE SUBASHCHANDRA GHANOTE shall be released on bail, upon executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).
8. The applicant shall make himself / herself available for interrogation by a Police Officer, as and when required. He / she shall further abide by the other 3 conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.
9. The applicant is also directed to cooperate with the investigation. Accordingly, Miscellaneous Criminal Case No.11294/2023 stands allowed.
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