Anticipatory bail may be granted considering the applicant's age, circumstances, and absence of custodial interrogation necessity, despite serious allegations.

This is the first application filed by the applicants under Section 438 of the Cr.P.C . seeking anticipatory bail i n connection with FIR/Crime No.345/2023 dated 21.06.2023 registered at Police Station Habibganj, Karothiya, District Bhopal for the offences punishable under Section 342, 323, 384, 406, 34 of the IPC and Rule 4/24 of the M.P. Maintenance and Welfare of Parents and Senior Citizens Rules, 2009 .

2. The counsel for the applicant submits that the applicant is a 21 year old student of Bachelor of Computer Application residing at Chennai and has been falsely implicated in the case. It is contended by the counsel that the offences are trible by the Magistrate and the maximum punishment is 3 years. It is further contended by the counsel that the (MANINDER S. BHATTI) JUDGE co-accused Smt. Nidhi Saxena has already been enlarged on regular bail by the trial Court. No custodial interrogation is required in this matter. If the anticipatory bail is not granted to the applicant, his academic career will be affected. There is no probability of his absconding or tampering with the evidence of prosecution. Conclusion of trial will take long time to conclude. Therefore, prays for grant of anticipatory bail to the applicant.

3. The counsel for the State has opposed the application and submitted that the allegations are serious. The allegations against the accused persons that they kept the victims in wrongful confinement and also committed marpeet with them, therefore, taking into consideration the role of the applicant, the applicant is not entitled to be enlarged on bail.

4. A perusal of the case diary it reflects that the offences are trible by the Magistrate. The applicant is aged about 21 years and pursuing his studies at Chennai, therefore, considering the totality of the circumstances, this Court deems it appropriate to enlarge the applicant on anticipatory bail, therefore, without commenting anything on the merit of the case, the application is allowed subject to following condition:-

5. It is directed that in the event of arrest, applicant Mithil Saxena shall be enlarged on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer for his appearance before him during the course of investigation or before the trial Court concerned during trial, as the case may be.

6. It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438 (2) of the Cr.P.C .