(BRIJESH Vs THE STATE OF MADHYA PRADESH)
Mr.Sankalp Kochar, learned counsel for the applicant.
Mr.Ajay Tamrakar, learned PL for the State.
This is an application under section 438 of the Code of Criminal Procedure, 1973 for
grant of anticipatory on behalf of applicant Brijesh, who is apprehending his arrest
in connection with Crime No.96/2017, for offences under sections 354,376 of the
Indian Penal Code and sections 7,8 of the Protection of Children from Sexual Offences
Act, registered at Police Station Sultanganj, District Raisen.
According to the case of the prosecution, the applicant is alleged to have committed
rape with the prosecution on account of which his arrest is sought. The incident
relates to 1.6.2017. The first information report has been registered after a delay of
six months on 7.6.2017. In the first information report, which has been registered by
the prosecutrix herself, the only allegation against the applicant is of having held her
hand on account of which the offence under section 354 IPC simplicitor was
registered against the applicant herein and sections 7 and 8 of the Protection of
Children from Sexual Offences Act.
The prosecutrix is aged about 17 years and three months. The applicant was arrested
after the first information report was registered and he was granted bail by the
learned court below on 9.6.2017. Thereafter on 12.6.2017 in the 164 statement of
the prosecutrix, she further improvises her earlier allegation in the FIR and states
that the applicant has committed rape with her upon which the offence under section
376 IPC has been added in the case against him on account of which the present
application has been filed.
Looking at the facts and circumstances of the case and that the FIR itself was
delayed at the first instance by 6 days and even in the FIR there is no murmur about
any offence of rape committed by the applicant against the prosecutrix and the only
allegation was of holding hand of the prosecutrix for which he was granted bail on
9.6.2017 and thereafter on 12.6.2017 in her 164 statement she appears to have
deliberately improvised and added the incident of rape in order to get the applicant
arrested once again.
Under the circumstances, I am inclined to allow the instant application for grant of
anticipatory bail on behalf of the applicant. Accordingly, I direct that in the event of
his arrest, he be released on anticipatory bail on his furnishing a personal bond in the
sum of Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the
like amount to the satisfaction of the Police Officer competent to arrest him, subject
to the conditions enumerated in Section 438(2) of the Code of Criminal Procedure,
Certified copy as per rules.