Madhya Pradesh High Court
MCRC/4451/2024 of MANGLU YADUVANSHI Vs THE STATE OF MADHYA PRADESH on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGATON THE 2[nd] OF FEBRUARY, 2024
MISC. CRIMINAL CASE No. 4451 of 2024
BETWEEN:-
MANGLU YADUVANSHI S/O SHRI JIYAN YADUVANSHI,AGED ABOUT 57 YEARS, OCCUPATION: BUSINESS R/OVILLAGE TELIBAT P.S. JUNNARDEV TEH. JUNNARDEVDISTRICT CHHINDWARA (MADHYA PRADESH)
(BY SHRI SIDDHANT JAIN - ADVOCATE)
.....APPLICANT
AND
1.THE STATE OF MADHYA PRADESH THROUGHPOLICE STATION JUNNARDEV DISTRICTCHHINDWARA (MADHYA PRADESH)
2.VICTIM A D/O NOT MENTION NOT MENTION(MADHYA PRADESH)(MADHYA PRADESH)
(BY SHRI NARENDRA CHOURASIYA - GOVT. ADVOCATE )
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
This is first application filed by applicant under Section 438 of the Codeof Criminal Procedure for grant of anticipatory bail relating to CrimeNo.393/2023, registered at Police Station-Junnardev District Chhindwara (MP)for the offences under Sections 363, 366A, 376(2)(n), 368 of IPC r/w Section34, 5L, 5 & 6 of POCSO Act.
2. Learned counsel appearing for the applicant submitted that applicant is innocent and has falsely been implicated in the case. They have no role in act ofrape committed by main accused person. Only allegation made against applicantis that he has helped the prosecutrix in absconding along with her lover.Prosecutrix is aged more than 17 years and was consenting party. In thesecircumstances, applicants may be released on anticipatory bail.
3. Learned Government Advocate appearing for the State opposed theanticipatory bail application.
4. Heard learned counsel for the parties.
5. Considering aforesaid circumstances of the case, anticipatory bailapplication is allowed on condition that applicant will cooperate and appearfor investigation as and when required and also at the time of filing ofcharge-sheet before the Court. It is directed that in the event of arrest ofapplicants by the police in the aforesaid crime, she shall be released on bail onher furnishing a personal bond in the sum of Rs.50,000/- (Rupees FiftyThousand only) with one surety in the like amount to the satisfaction of theArresting officer (Investigating Officer) for their regular appearance before thePolice during the investigation or before the Court during trial.
6. The applicant is directed to join the investigation immediately and co-operate with the investigating agency. Applicant will further abide by thecondition enumerated in sub-section (2) of Section 438 of the Cr.P.C.
Certified copy as per rules.
(VISHAL DHAGAT)JUDGE