Smt. Neha vs The State Of Madhya Pradesh
2021 Latest Caselaw 1380 MP

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             THE HIGH COURT OF MADHYA PRADESH
                       MCRC No.18049/2021
               (SMT. NEHA VS. STATE OF M.P. & ANR.)

Gwalior dtd. 07/04/2021
       Shri Rahul Bansal, learned counsel for the applicant

       Shri R.B.Tripathi, learned Panel Lawyer for the State.

       None for the respondent No.2.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime

No.36/2021 registered at Police Station Lahar, District Bhind for

offence punishable under Sections 363, 366-A, 376(3), 376(DA),

109, 323 and 506 of IPC and Section 3/4 and 16/17 of POCSO Act.

It is submitted by the counsel for the applicant that the

allegation against the applicant is that she had assisted the main

accused to commit rape on a minor prosecutrix aged about 15 years.

Per contra, the application is opposed by the counsel for the

State. It is submitted by the counsel for the State that proceedings

under Sections 82 and 83 of Cr.P.C. have been initiated and charge-

sheet under Section 299 of Cr.P.C. has already been filed against the

applicant and the Committal Court has already been issued warrants

of arrest.

In the light of the judgment passed by the Supreme Court in

the case of State of M.P. Vs. Pradeep Sharma reported in (2014)

2 SCC 171, the application for grant of anticipatory bail is not

maintainable.

Considered the submissions made by the counsel for the

parties.

In view of the allegations that the applicant had assisted the

main accused to commit rape on the minor girl aged about 15 years

coupled with the fact that the proceedings under Sections 82 and 83

of Cr.P.C. have been initiated and the charge-sheet under Section

299 of the Cr.P.C. has been filed by showing that the applicant is

absconding and the Committal Court has already issued warrants of

arrest, no case is made out for grant of anticipatory bail to the

applicant. However, if the applicant surrenders before the

Investigating Officer and moves an application for grant of regular

bail, then the same shall be decided as early as possible preferably

on the same day.

With aforesaid observation, the application is finally

disposed of.

                                                          (G.S.Ahluwalia)
Pj'S/-                                                        Judge

 PRINCEE BARAIYA
 2021.04.07
 17:34:54 -07'00'