Madhya Pradesh High Court
Senjeet Singh Chauhan vs The State Of Madhya Pradesh Thr on 11 June, 2018
1 M.Cr.C. No.21568/2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C. No.21568/2018
(Senjeet Singh Chahuan vs. State of M.P.)
Gwalior, Dated : 11.06.2018
Shri Rajeev Sharma, learned counsel for the applicant.
Shri Prakhar Dhengula, learned Public Prosecutor for the
respondent/State.
Shri Ajay Pandey, learned counsel for the complainant. Case diary is available.
This is first application under Section 438 of Cr.P.C. for grant of anticipatory bail.
The applicant apprehends his arrest in connection with Crime No.103/2018 registered by Police Station Maharajpura, District Gwalior for offence punishable under Sections 376, 323 of IPC.
It is submitted by the counsel for the applicant that as per the prosecution case the prosecutrix developed friendship with the applicant and had physical relations with him. The allegation that the consent of the prosecutrix was obtained by misconception of fact by making false promise of marriage is false because the prosecutrix herself is a married lady and her husband is being prosecuted for an offence under Section 498- A of IPC and the divorce has not taken place between the prosecutrix and her husband. It is clear from the prosecution allegation that the prosecutrix might be a consenting party. It is further submitted that the applicant is ready and willing to cooperate with the investigation and there is no possibility of his absconding or tampering with the prosecution case.
Per contra, the application is vehemently opposed by the counsel for the State as well as by counsel for the complainant.
Considering the allegations made against the applicant as well as without commenting on the merits of the case, application is allowed. It is directed that in case the applicant appears before the Investigating Officer on or before 21.06.2018 and furnishes a personal bond in the sum of Rs. 40,000/- (Rs.Forty Thousand only) with one surety in the 2 M.Cr.C. No.21568/2018 like amount to the satisfaction of the Arresting Officer (Investigating Officer), he shall be enlarged on bail.
It is made clear that if the applicant fails to appear before the Investigating Officer on or before 21.06.2018, this order shall automatically lose its effect.
The applicant shall make himself available for interrogation by the Investigating 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.
(G.S. Ahluwalia) Vacation Judge van Digitally signed by VANDANA VERMA Date: 2018.06.11 16:14:37 +05'30'