Atal Singh Pal vs The State Of Madhya Pradesh
2021 Latest Caselaw 1317 MP

                                   1                            MCRC-17476-2021
        The High Court Of Madhya Pradesh
                  MCRC-17476-2021
                  (ATAL SINGH PAL Vs THE STATE OF MADHYA PRADESH)

1
Gwalior, Dated : 06-04-2021
      Shri Virendra Singh Paul with Shri Atul Gupta, Advocate for the
applicant.
      Smt. Uma Kushwaha, Panel Lawyer for the respondent/ State.

Case Diary is available.

This First Application has been filed under Section 438 of CrPC for

grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime No.701/2020 registered at Police Station Maharajpura District Gwalior for offence punishable under Section 376 of the IPC and Section 506 r/w Section 34 of the IPC.

It is submitted by the Counsel for the applicant that according to the prosecution case one Santosh committed rape on the prosecutrix and it is alleged that when the prosecutrix narrated the incident to the applicant, then he suggested her not to lodge report and also threatened her. It is also

submitted that infact applicant has been falsely implicated because he is closely related to co-accused Santosh. It is further submitted that even otherwise, there is nothing on record to suggest that the applicant had assisted or instigated Santosh in any manner to commit offence of rape. He is ready and willing to cooperate in the investigation. Trial is likely to take sufficiently long time and there is no possibility of his absconding or tempering with prosecution case.

Per Contra, the application is opposed by the State Counsel. Considering the facts and circumstances of the case and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (Arresting Officer) on or before 15th of April, 2021 he shall be released on 2 MCRC-17476-2021 bail on his furnishing a personal bond in the sum of Rs.1,00,000/-( Rupees One Lac Only) with one surety in the like amount to the satisfaction of the Arresting Officer (Investigating Officer).

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.

It is made clear that in case if the applicant fails to appear before the Investigating Officer ( Arresting Authority) on or before 15th of April, 2021, then this order in respect of the applicant shall lose its effect and the Investigating Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the case o f Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal Appeal No. 329/2021, the intimation regarding grant of bail be sent to the complainant.

CC as per rules.

(G.S. AHLUWALIA) JUDGE

ar

ABDUR RAHMAN 2021.04.06 17:07:14 +05'30'