Madhya Pradesh High Court
Anurag Puri vs The State Of Madhya Pradesh on 25 June, 2024
1 MCRC-25551-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
MCRC No. 25551 of 2024
(ANURAG PURI Vs THE STATE OF MADHYA PRADESH)
Dated : 25-06-2024
Shri Amit Lahoti, learned counsel for the applicant.
Shri Nitin Goyal, learned Panel Lawyer for the respondent/State.
Shri Rishi Kumar Soni, learned counsel for the complainant.
This is the first application under Section 438 of the Cr.P.C filed by the
applicant, who is apprehending his arrest in connection with Crime No.397/2024
registered at Police Station Karera, District Shivpuri (M.P) for the offence
punishable under Sections 376 and 307 of IPC.
2. Learned counsel for the applicant submits that as per prosecution
version the allegation against the present applicant is of sexual assault in terms
of Section 376 of the IPC on the prosecutrix who is wife of elder brother of the
applicant. The learned counsel for the applicant further submits that the story as
stated by the prosecutrix is highly improbable as the act is stated to be
committed when the husband and other family members of the prosecutrix were
present in the house. He further argued that the FIR has been lodged on
05.06.2024 whereas the act is stated to be of 17.04.2024. The FIR has been
lodged with delay in which the reason for delay is mentioned as hesitation and
shame whereas in the statement under Section 164 of the Cr.P.C., the reason
for delay is mentioned that the family members of the matrimonial home did not
allow the prosecutrix to meet anyone. It is further submitted that the applicant is
a student and if he is sent to jail, his carrier would be adversely affected.
Applicant is willing to cooperate in investigation and trial to the fullest. On these
grounds, learned counsel for the applicant prays for grant of anticipatory bail to
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the applicant.
4. Learned counsel for the respondent/State as well as counsel for
objector/complainant opposed the prayer and prayed for dismissal of this bail
application.
5. Heard learned counsel for the parties and perused the case diary.
6. Considering the submissions advanced by the learned counsel for the
parties and looking to the nature of allegations, and without commenting on the
merits of the case, this Court is inclined to grant anticipatory bail to the
applicant. In terms of the judgment of the Supreme Court in case of XYZ
Vs. State of Madhya Pradesh & Ors., reported in 2021 (16) SCC 179, it
will be appropriate to impose stringent conditions. It is hereby directed that
in the event of arrest, the applicant shall be released on bail on his furnishing
personal bond of Rs.1,00,000/- (Rupees One Lac Only) with one solvent
sureties of the like amount to the satisfaction of the Arresting Authority/trial
Court.
7. This order shall remain operative subject to compliance of following
conditions by the applicant:-
a. The applicant will comply with all the terms and conditions of
the bond executed by him;
b. The applicant will cooperate in the investigation/ trial, as the
case may be;
c. 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 from disclosing such facts to the Court
or to the Police Officer, as the case may be.
d. The applicant shall not commit an offence similar to the offence
of which he is accused;
e. The applicant will not seek unnecessary adjournments during the
trial;
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f. The applicant will not leave India without previous permission of
the trial Court/Investigating Officer, as the case may be;
g. The applicant shall not involve himself in any criminal activity in
future otherwise, benefit of bail shall immediately be withdrawn.
h. In case of bail jump, this order will become ineffective.
i . The applicant shall not move in the vicinity of the
prosecutrix in any manner and shall not try to contact her
through electronic mode or through any person and would
not cause any embarrassment or harassment to the
prosecutrix, otherwise benefit of his bail application shall
immediately be withdrawn.
j. Applicant shall report to the concerning police station once
in a week till conclusion of investigation.
8. Application stands allowed and disposed of.
9. A copy of this order be sent to the trial Court concerned for
compliance and information.
10. Certified copy as per rules.
(VIVEK JAIN)
JUDGE
Vishal
