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Madhya Pradesh High Court

Arbaaz vs The State Of Madhya Pradesh on 11 February, 2019

                                            The High Court Of Madhya Pradesh

                                                       MCRC-4960-2019
                                              (ARBAAZ Vs THE STATE OF MADHYA PRADESH)

                                                                 1

                               Jabalpur, dated: 11.02.2019

                                     Shri B.J. Chourasiya, learned counsel for the applicant.
                                     Shri Deepak Singh, learned Government Advocate for
                               the respondent/State.

Heard on this first application for anticipatory bail under section 438 of the Code of Criminal Procedure filed on behalf of applicant, who is apprehending his arrest in connection with Crime No.08/2019 registered by Police Station Silwani, District Raisen for the offence under Sections 450, 376 and 506 of the Indian Penal Code.

The case of the prosecution is that, in the intervening night of 30/31.12.2018 when the prosecutrix was at her house situated at Padan Mohalla under the jurisdiction of Police Station Silwani, District Raisen, the applicant entered the house of prosecutrix and committed forceful intercourse with her and threatened that if she narrated the incidence to any body then he will be killed. Afterwards applicant used to intercourse with the prosecutrix in similar manner. It is also alleged that on 19.01.2019 at about 05:00 pm when the prosecutrix with her daughter Sheetal were returning back after doing labour work, as soon as they reached near the culvert, the applicant intercepted the prosecutrix and when she refused to go with him then he caught hold her hand. Her daughter tried to rescue her with the help of stick, the applicant fled away from the spot. The prosecutrix lodged the report on the same day, on that basis crime under the aforementioned offence has been registered against the applicant.

The High Court Of Madhya Pradesh MCRC-4960-2019 (ARBAAZ Vs THE STATE OF MADHYA PRADESH) 2 Learned counsel for the applicant submitted that the applicant has not committed any offence and has falsely been implicated in the crime. It is further submitted that the prosecutrix had given no objection application before the Court below on 25.01.2019. It is also submitted that the applicant is a permanent resident of the address shown in the application. He is ready to furnish adequate surety and shall abide by all terms and conditions imposed upon his. There is no chance of his absconding or tampering with the evidence. In view of the aforesaid, a prayer has been made to enlarge the applicant on anticipatory bail.

Learned Government Advocate for the respondent/State on the other hand has opposed the bail application.

On perusal of the case diary it seems that, the prosecutrix is a 30 years old mature lady. The allegation of committing forceful intercourse are there, but the prosecutrix have lodged no report of the incidence for many days. No plausible explanation has been shown in the FIR for the delay in lodging the report. The applicant is a 21 years old young person.

However, keeping in view the facts and circumstances of the case in their entirety, particularly the fact as pointed out by the learned counsel for the applicant and the allegation made against the applicant, in the opinion of this Court, applicant deserves the benefit of anticipatory bail.

Consequently, this first application for anticipatory bail under section 438 of the Code of Criminal Procedure, filed on behalf of applicant-Arbaaz, is allowed.

The High Court Of Madhya Pradesh MCRC-4960-2019 (ARBAAZ Vs THE STATE OF MADHYA PRADESH) 3 It is directed that in the event of his arrest, he shall be released on anticipatory bail on furnishing a personal bond in the sum of Rs.30,000/- and a solvent surety in the like amount to the satisfaction of the Arresting Officer for his appearance before the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.

Certified copy as per rules.

(Mohd. Fahim Anwar) Judge taj.