Arhaan Mev vs The State Of Madhya Pradesh
2023 Latest Caselaw 1829 MP

                                                              1
                            IN     THE       HIGH COURT OF MADHYA PRADESH
                                                   AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                               ON THE 1 st OF FEBRUARY, 2023
                                          MISC. CRIMINAL CASE No. 5073 of 2023

                           BETWEEN:-
                           ARHAAN MEV S/O SHRI NAIM KHAN JI, AGED ABOUT
                           22 YEARS, OCCUPATION: LABORER R/O HAT ROAD,
                           DISTRICT RATLAM (MADHYA PRADESH)

                                                                                           .....APPLICANT
                           (BY SHRI MAKBOOL AHMAD MANSOORI - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION DINDAYAL
                           NAGAR, RATLAM DISTRICT RATLAM (MADHYA
                           PRADESH)

                                                                                         .....RESPONDENT
                           (BY SHRI GOVIND PUROHIT - G.A)

                                 This application coming on for orders this day, th e court passed the
                           following:
                                                               ORDER

This is first bail application under Section 438 of Cr.P.C, 1973 for grant of anticipatory bail in connection with crime No.665/2022 registered at P.S - Dindayal Nagar, District - Ratlam(M.P) for offences punishable under Sections 354, 354(C), 365, 506 and 509 of IPC.

As per the prosecution story, on 5/9/2022, the prosecutrix submitted a written complaint to the police alleging that on 1/9/2022, at about 06:45 pm, the prosecutrix was on her way to Temple, the present applicant and co-accused Farhan came on a motorcycle and took her to the Khachrod Bus Stand by Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 01-02-2023 18:00:57

threatening her that they would make her photos and videos viral on the social media. It was further alleged that at Khachrod Bus Stand, the accused persons started doing obscene acts with her, and when she resisted, they threatened her that they would make her photos and videos viral on social media and blackmailed her.

Counsel for the applicant submits that initially the Police had registered offence under Sections 354, 354(C), 506 and 509 of IPC and the applicant was granted bail and he did not misuse the liberty. Thereafter, the Police has registered an offence under Section 365 IPC and the applicant apprehends his arrest, after addition of the said offence. He further submits that once the

applicant was granted bail and he did not misuse the liberty and, therefore, on addition of the offence the applicant is entitled for anticipatory bail. In support of his submission, he has placed reliance on a judgment passed by this Court in the case of Sayera Bi and Ors. Vs. State of Madhya Pradesh (2006 reported in Cr.L.R (M.P) 262).

Counsel for the State opposes the prayer for grant of anticipatory bail on the ground that the contents of Section 365 of IPC was already in the F.I.R but the offence was not registered and, therefore, the applicant is not entitled for grant of anticipatory bail.

After hearing learned counsel for the parties and taking into consideration the fact that the applicant was granted bail and he did not misuse the liberty, therefore, I am of the view that the applicant is entitled for grant of anticipatory bail on the following conditions:-

1) The applicant shall make himself available before the concerned Police Station whenever he is asked to appear and shall co-operate with the investigation.

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 01-02-2023 18:00:57

2) He shall not influence or threaten the prosecutrix. In case if the applicant violates the aforesaid conditions, the prosecution may file an application for cancellation of bail.

It is directed that in the event of arrest the applicant 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 the arresting officer.

A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.

With the aforesaid, the application is allowed. Certified copy as per rules.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 01-02-2023 18:00:57