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Brijesh vs The State Of Madhya Pradesh on 3 July, 2017



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.



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