Madhya Pradesh High Court
Surendra Khawase vs The State Of Madhya Pradesh on 13 September, 2023
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 13 th OF SEPTEMBER, 2023
MISC. CRIMINAL CASE No. 37188 of 2023
BETWEEN:-
SURENDRA KHAWASE S/O SHRI CHOTELAL KHAWASE,
AGED ABOUT 33 YEARS, OCCUPATION: GOVERNMENT
EMPLOYEE PERMANENT VILLAGE CHAKKAR ROAD
POLICE STATION COLONY BETUL P.S. KOTHI BAZAR
DISTRICT- BETUL, TEMPORARY R/O SHANTI NAGAR
DAMOH NAKA, DISTRICT- JABALPUR (MADHYA
PRADESH)
.....APPLICANT
(BY SHRI AAKARSH SHARMA - ADVOCATE)
AND
THE STATE OF MADHYA PRADESH THROUGH POLICE
STATION ADHARTAL DISTRICT- JABALPUR (MADHYA
PRADESH)
.....RESPONDENTS
(BY MS. SHWETA YADAV - GOVT. ADVOCATE)
This application coming on for admission this day, the court passed the
following:
ORDER
This is first application filed by the applicant under Section 438 of code of criminal procedure for grant of anticipatory bail relating to FIR No.934/2023 registered at Police Station-Adhartal, District-Jabalpur (M.P.) for the offences punishable under Sections 376, 376(2)(n) of Indian Penal Code.
2. Learned counsel appearing for the applicant submitted that applicant is innocent and falsely implicated in the case. It is submitted that prosecutrix in the case is a woman aged about 37 years and working as Computer Operator. It Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/14/2023 12:54:01 PM 2 is submitted that she is married and is having a son aged about 9 years. Allegations were made that applicant made promise to marry the prosecutrix and thereafter, committed rape with her. It is submitted that there is no possibility of marrying the prosecutrix as she is not divorced. In these circumstances, applicant may be enlarged on anticipatory bail.
3 . Learned Govt. Advocate appearing for the State opposed the application for grant of anticipatory bail and read over statement of prosecutrix recorded under Section 164 of Cr.P.C.
4. Heard the learned counsel for the parties.
5. Applicant is a Govt. employee and there is no likelihood that he will flee from law.
6. Considering the statement of prosecutrix recorded under Section 164 of Cr.P.C, anticipatory bail application filed by the applicant is allowed. It is directed that in the event of arrest of applicant in connection with the aforesaid crime number and the offences, he be released on anticipatory bail on his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Investigating Officer/Arresting Authority.
7. The applicant is directed to join the investigation immediately and to co-operate with the investigating agency. He will further abide by the condition enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT) JUDGE nd Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/14/2023 12:54:01 PM 3 Signature Not Verified Signed by: NEETI TIWARI Signing time: 9/14/2023 12:54:01 PM