Madhya Pradesh High Court
Arjun Prajapati vs The State Of Madhya Pradesh on 27 November, 2018
THE HIGH COURT OF MADHYA PRADESH
M.Cr.C.No.45198-2018
(Arjun Prajapati Vs. State of M.P.)
(1)
Gwalior, dated : 27-11-2018
Shri Amit Lahoti, Advocate for the applicant.
Shri Raghvendra Dixit, Public Prosecutor for the respondent-
State.
Case Diary is perused.
Learned counsel for the rival parties are heard. This is first application under section 438 of the Code of Criminal Procedure.
Applicant apprehends arrest in connection with Crime No.307/2018 registered at Police Station Chachoda, District Guna, for the offence punishable under section 363 of the IPC.
Prosecution story, in short, is that on 24-6-2018 a complaint was lodged by the mother of the prosecutrix to the affect that the applicant by enticing the prosecutrix has taken her away along with him. On the basis of the aforesaid crime has been registered.
Learned counsel for the applicant submits that applicant has been falsely implicated in the matter. As per the affidavit shown by the prosecutrix, it is seen that the applicant and prosecutrix are married and living together with her consent . The prosecutrix in her affidavit has categorcially mentioned that her age is more than 20years. The applicant is permanent resident of Beenrganj, Thana Chachoda, District Guna and is ready to abide by the terms and condition which may be imposed by this Court and there is no apprehension of his tampering with the prosecution evidence. Under such circumstances, he prays for grant of anticipatory bail.
In response, learned Public Prosecutor has opposed the bail application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
THE HIGH COURT OF MADHYA PRADESH M.Cr.C.No.45198-2018 (Arjun Prajapati Vs. State of M.P.) (2) Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to extend the benefit of anticipatory bail to the applicant.
It is hereby directed that in the event of arrest of applicant , he shall be released on bail on his furnishing a personal bond of Rs.50,000/-(Rupees Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of Arresting Authority.
This order will remain operative subject to compliance of the following conditions by applicant:-
1. He will comply with all the terms and conditions of the bond executed by him;
2. He will cooperate in the investigation/trial, as the case may be;
3. He will not indulge in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. He shall not commit an offence similar to the offence of which he is accused;
5. He will not seek unnecessary adjournments during the trial; and
6. He will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
C.C. as per rules.
(S.A.Dharmadhikari) Judge (binu) Digitally signed by BINU PILLAI Date: 2018.11.27 15:06:07 +05'30'