1986 Supreme(MP) 608

IN THE HIGH COURT OF MADHYA PRADESH
K.K. VERMA, J.
Umrao - Applicant
Vs.
State of M.P. - Respondents
Cr. Misc. No. 1799 of 1985 (G)
Decided On : 02-01-1986

Headnote:Criminal Procedure Code, 1973 – S. 438 – anticipatory bail in offence under S. 376 IPC – when may be granted – firstly offence registered under S. 354 IPC – later on converted into S. 376 IPC – bail may be granted.

        Short Note

       1. The applicant is wanted by the Basoda police in Crime No. 547/85 registered under section 376 IPC. The FIR recorded at the police station on 2 – 2 – 1985 makes no mention of any sexual inter – course with the prosecutrix, aged 25 years. The case was registered under sections 354, 341 IPC as crime No. 547/85. It was on 6 – 12 – 1985 that the case was registered under section 376 IPC on a written complaint made by the prosecutrix to the Superintendent of Police, Vidisha.

       Held : Taking all the circumstances into consideration, I find it a fit case for grant of bail under section 438 Cr.P.C. On the applicant's offering his arrest in the this case at the police station Basoda (P.S. Harijan Prakoshtha, Vidisha) by 23 – 1 – 1986, he shall be released after arrest on his furnishing a personal bond in the sum of Rs. 5,000/ – with one surety in the like amount to the satisfaction of police officer competent to accept bail under section 438 Cr.P.C. Application allowed.