Mahesh Chaudhary vs The State Of Madhya Pradesh
2022 Latest Caselaw 3863 MP

The High Court Of Madhya Pradesh, Bench At Indore

                            Cr.A No.2391/2022
                        (Mahesh Vs. State of MP)               1


INDORE; DATED - 21/03/2022
      Shri Sudhir Dhandwate, learned counsel for the appellant.
      Shri Sudhanshy Vyas, learned counsel for the respondent/State.

Heard and perused the record.

This is the first Criminal Appeal filed on behalf of the appellant under Section 14-A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 r/w Section 438 of Cr.P.C in connection with Crime No.405/2021 registered at the Police Station Sagour, District Dhar (M.P.) for the offences punishable under Sections 376, 376(2)(N), 376(D), 365, 323, 506 of IPC, Sec 3(2)(va), 3(1)(w)(h) of SC/ST (Prevention of Atrocities Act) 1989 1989.

Learned counsel for the appellant submits that the application under section 438 of the Cr.P.C in maintainable in the present case in view of the judgment of the Apex Court in the case of Prathvi Raj Chauhan Vs. Union of India and Ors reported in (2020) 4 SCC 727.

It is further submitted that on merits there is no allegation made by the prosecutrix against the present appellant in the FIR and also in the statement recorded under section 164 of the Cr.P.C. It is submitted that the only allegation against the appellant is that he accompanied the prosecutrix to the police station alongwith co-accused Arjun and others. Thus, there is no prima facie case made out against the appellant.

Considering the aforesaid submission and taking into consideration that on merits there is no allegation against the applicant for commission of rape or any other offence, I am of the view that there is no material against the present applicant, therefore, the applicant is entitled for grant of anticipatory bail.

The High Court Of Madhya Pradesh, Bench At Indore

Cr.A No.2391/2022

It is directed that in the event of arrest, applicant- Mahesh

Choudhary shall be released on bail on his furnishing a personal

bond in a sum of Rs.50,000/- (Rs.Fifty Thousand Only) with one surety in the like amount to the satisfaction of arresting officer. The applicant shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sudhanshu Vyas, learned PL, on their respective email addresses, for intimation to the police station concerned.

(Vijay Kumar Shukla) Judge sourabh Digitally signed by SOURABH YADAV Date: 2022.03.21 18:29:30 +05'30'