Madhya Pradesh High Court
Rahul Yadav vs The State Of Madhya Pradesh on 31 March, 2021
Author: Anand Pathak
HIGH COURT OF MADHYA PRADESH
1 M.Cr.C.No.16101/2021
(Rahul Yadav Vs. State of M.P. )
Gwalior Bench: Dated 31/3/2021
Shri V.K.Saxena, learned senior counsel with Shri Ayush
Saxena, counsel for the applicant.
Shri Inder Asthana, learned PL for the respondent/State.
Matter is heard through Video Conferencing.
The applicant has filed this first bail application u/S.438
Cr.P.C for grant of anticipatory bail. Applicant is apprehending
his arrest in connection with Crime No.409/2020 registered at
police Station, Gola Ka Mandir, Distt. Gwalior, for the offence
punishable under Sections 376(2)n, 366, 342, 323, 294, 34 of
IPC.
It is the submission of learned counsel for the applicant that
he is apprehending his arrest on the basis of registration of
offences referred above. As per the contents of FIR, no allegation
of rape or abduction exists against the applicant and prior to
commission of offence of rape, applicant left the place. In
absence of any ingredients of offence of rape, applicant seeks
anticipatory bail as confinement may bring social disrepute and
personal inconvenience. He undertakes to cooperate in
investigation/trial and would not be a source of
embarrassment/harassment to the complainant party in any
manner. On such premises, he prayed for anticipatory bail.
HIGH COURT OF MADHYA PRADESH
(Rahul Yadav Vs. State of M.P. )
Learned counsel for the State opposed the prayer, but fairly
submits that applicant does not bear any criminal record and no
proceeding under Section 82/83 of Cr.P.C. has been initiated
against him.
Heard learned counsel for the parties at length and
considered the arguments advanced by them.
Considering the rival submissions as well as fact situation
of the case, but without expressing any opinion on the merits of
the case, this Court is inclined to allow the application under
Section 438 of Cr.P.C but with certain stringent conditions in
view of judgment of Apex Court in the case of Aparna Bhat &
Ors Vs. State of Madhya Pradesh & Anr., (Criminal Appeal
No. 329/2021 decided on 18th March, 2021). It is directed that
applicant shall be released on bail in case of his arrest on
furnishing personal bond in the sum of Rs.1,00,000/- (Rs. One
Lac Only) with two solvent sureties of Rs.50,000/- each to the
satisfaction of Arresting Authority/Investigating Officer.
This order will remain operative subject to compliance of
the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of
the bond executed by him;
2. The applicant will cooperate in the investigation/trial, as the
case may be;
HIGH COURT OF MADHYA PRADESH
(Rahul Yadav Vs. State of M.P. )
3. The applicant will not indulge himself 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. The applicant will not commit an offence similar to the offence
of which he is accused;
5. The applicant will not seek unnecessary adjournments during
the trial and he shall not move in the vicinity of the prosecutrix
and shall not be a source of embarrassment/harassment to
her in any manner;
6. The applicant will not leave India without previous permission
of the trial Court/Investigating Officer, as the case may be;
7. The applicant shall appear before the police Station,
Gola Ka Mandir, Distt. Gwalior, on every Sunday between
10.30 am to 2 pm till filing of the charge-sheet.
8. As per the mandate of Apex Court in the case of Aparna
Bhat (Supra), SHO of Police Station Gola Ka Mandir, District
Gwalior or Investigating Officer would intimate the
complainant party about the fact that applicant Rahul Yadav
has been released on anticipatory bail with stringent
conditions and if he is found causing embarrassment to the
victim or her family, then this benefit of bail shall be
immediately withdrawn ;
9. A report be submitted by the SHO Police Station Gola Ka
Mandir, District Gwalior or Investigation Officer about the
compliance so made and same shall be placed as PUD before
this Court for perusal.
Application stands disposed of.
Copy of this order be sent to the trial Court concerned for
HIGH COURT OF MADHYA PRADESH
(Rahul Yadav Vs. State of M.P. )
compliance.
Certified copy as per rules directions.
(Anand Pathak)
Judge
ms/-
MADHU SOODAN
PRASAD
2021.04.01
11:38:02 -07'00'
