Madhya Pradesh High Court
Kuldeep Saket vs The State Of Madhya Pradesh on 4 September, 2015
MCRC-14923-2015
(KULDEEP SAKET Vs THE STATE OF MADHYA PRADESH)
04-09-2015
Shri Satyendra P. Dubey, Advocate for the applicant.
Ms. Hemlata Kshatriya, Panel Lawyer for the respondent/State.
Heard finally. Perused the case diary.
This is the first bail application on behalf of the applicant under Section 438 of Cr.P.C.
The applicant has an apprehension of his arrest in connection with Crime No.153/2015 registered at Police Station Chorhata, District Rewa (M.P.) for the offence punishable under Sections 354, 363 & 366/34 of IPC and Section 7 & 8 of Protection of Children From Sexual Offence Act, 2012.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. It is further submitted that the applicant has lodged a cross case against the complainant party for assaulting him, due to which, he was under
treatment for five days in Govt. Medical College, Rewa. It is further submitted that due to avoiding payment of Rs.5000/-, which was to be paid to the applicant by the relatives of prosecutrix and also to pressurize for withdrawal of complaint filed by father of the applicant, this false FIR has been lodged by the prosecutrix. The applicant is reputed citizen of the locality in the event of arrest his reputation will be tarnished, therefore, he be released on anticipatory bail. Learned Panel Lawyer for the respondent/State vehemently opposed the application for grant of anticipatory bail. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any view on the merit of the case, I am of the view that this is a fit case for grant anticipatory bail to the applicant. Consequently, his application under Section 438 of the Cr.P.C. is hereby allowed. It is directed that in the event of arrest, present applicant Kuldeep Saket shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with a solvent surety in the like amount to the satisfaction of the Arresting Police Officer.
The applicant shall make himself available for interrogation by a police officer as and when required. He shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.
Certified copy as per rules.
(SUBHASH KAKADE) JUDGE