Madhya Pradesh High Court
Rajesh Namdev vs The State Of Madhya Pradesh on 6 December, 2017
THE HIGH COURT OF MADHYA PRADESH
MCRC-23641-2017
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(RAJESH NAMDEV Vs THE STATE OF MADHYA PRADESH)
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Jabalpur, Dated : 06-12-2017
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Shri Sankalp Kochar,learned counsel for the applicant.
Shri R.Pandey, learned PL for the respondent/State.
a The application is under Section 438 of the Cr.P.C for grant of hy anticipatory bail. The applicant is apprehending his arrest in ad connection with Crime No. 0459 /2017 registered at Police M Station Gopalganj District Sagar for offence under Sections 354, 506/34 of IPC.
of According to the case of the prosecution, the arrest of the rt applicant herein is wanted in the above said case. The ou allegations against him is that he along with other co- accused persons assaulted the modesty of the prosecutrix C and threatened her with dire consequences. h As per the case of the prosecution, the ig complainant/prosecutrix was told by the co-accused Aifaz H Khan that her application for government grant for building a new concrete house in place of hut she had, would be given to her, if she conceded to his demand/favours. In the FIR, the allegations is entirely against Aifaz Khan and no one else is named, and she states that she was sexually exploited by him and the period of offence given is between 5-4-2017 and 10-04-2017. The only allegations against the applicant is that the applicant is stated to have stopped her path, caught hold of her,kissed her and touched her inappropriately on her body. The said allegations were at least 6 months prior to the registration of the FIR. As regards the column for the delay in reporting the FIR, there sh are no reasons stated. Learned counsel for the applicant has drawn the attention of this court to the documents at e ad page-16 and 19, which are the reports made by Aifaz Khan, an employee of the Nagar Nigam Palika, Sagar and also Pr Page No.21, which is a report made by the Commissioner of a the Nagar Palika Nigam, Sagar to the SHO of Police Station hy Gopalganj, Sagar stating that the prosecutrix used to a ad perpetual nuisance in the office and she would come to the office and try to take away the official files and try to bear M undue pressure on the applicants to release the funds in her of favour.
Looking at the facts and circumstances of the case, most rt importantly, the delay of six months in registration of FIR, I ou am inclined to allow the application in favour of the applicant and it is C directed that the police or the Arresting Officer shall release him h upon his arrest upon furnishing personal surety of Rs. 50,000/- (Rs. ig Fifty Thousand Only) with one solvent surety in the like amount to H the satisfaction of the Arresting Officer. The applicant shall further abide by the conditions enumerated under Section 438(2) of the Cr.P.C. C.C as per rules.
(ATUL SREEDHARAN) JUDGE PG Digitally signed by PARMESHWAR GOPE Date: 2017.12.06 18:23:12 +05'30' H ig h C ou rt of M ad hy a Pr ad e sh