Madhya Pradesh High Court

Ankit Seharia vs The State Of Madhya Pradesh on 13 August, 2024

Author:
Sanjeev S Kalgaonkar

Bench:
Sanjeev S Kalgaonkar

1 MCRC-29540-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR
ON THE 13th OF AUGUST, 2024
MISC. CRIMINAL CASE No. 29540 of 2024
ANKIT SEHARIA
Versus
THE STATE OF MADHYA PRADESH
Appearance:
Shri Rishikesh Bohare- Advocate for applicant.

Shri Dinesh Savita- Public Prosecutor for respondent- State.

ORDER

This first application has been filed by applicant under
Section 438
of
Code of Criminal Procedure for grant of anticipatory bail, who is
apprehending his arrest in connection with Crime No.425 of 2024 registered
at PS Cantt. District Guna for offence punishable under
Sections 354
,
,
of IPC and added
Sections 376
,
of IPC.

As per the case of prosecution, victim, aged around 25 years, reported
to PS Guna that on 24-04-2024, she was sleeping at home. Around 12:00 in

the night, she heard some noise. Her neighbour Ankit Seharia (applicant)
entered her house by removing iron-sheet from the roof. Ankit caught hold
of her, pressed her and bite her. She sustained injury on cheek and breast.
Hearing her shouts, her neighbours Puspa and Batobai came to her house.
Thereafter, Ankit fled away. On such allegations, PS Guna registered FIR at
Crime No.425 of 2024 for offence punishable under
Sections 354
,
,
Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 14-08-2024

10:22:49 PM

2 MCRC-29540-2024
of
IPC
against Ankit (applicant). Victim was forwarded for medico-legal
examination. One contusion with abraded margin was found on her left
cheek. Ankit was arrested on 24-04-2024. Statements of witnesses were
recorded. Statement of victim was also recorded under
Section 164
of CrPC,
wherein she made same allegation. Applicant was extended the benefit of
bail vide order dated 13-05-2024. Thereafter, supplementary statement of
victim was recorded on 15-05-2024, wherein she alleged that Ankit has
committed rape on her. Earlier, she could not state due to fear of social
disrepute. Prosecution for offence punishable under
Sections 376
and
of
IPC was added. Applicant is apprehending arrest in the matter. His
application for anticipatory bail under
Section 438
of CrPC stands rejected
vide order dated 01-07-2024 passed by learned Sessions Judge, Guna.

Learned Counsel for the applicant, in addition to the grounds
mentioned in the application, submitted that applicant has been falsely
implicated in this matter. No offence, as alleged is committed by the
applicant. The allegations of rape are levelled against the applicant after he
was extended the benefit of bail. Delay in levelling the allegation
substantiates the defence of the applicant that false allegations are levelled
against him after pre-meditation and consultation. No further custodial
interrogation of applicant is needed in the matter. He is ready to cooperate in
the investigation. Learned Counsel further submits that applicant is aged
around 21 years. He is labourer by profession. He has not misused the liberty
extended vide earlier bail order. No criminal antecedent is reported against
him. Therefore, applicant may be extended benefit of anticipatory bail.

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 14-08-2024

10:22:49 PM

3 MCRC-29540-2024
Per contra, learned Counsel for the State opposes the anticipatory bail
application on the ground of gravity of alleged offence and prays for its
rejection.

Heard learned counsel for the parties and perused the case diary.

Considering the arguments advanced by both the parties and overall
circumstances of the case, but without commencing on merits of the case,
this Court is inclined to grant anticipatory bail to the applicant. Thus, the
application is allowed.

Accordingly, it is directed that in the event of arrest of applicant,
applicant- Ankit Seharia shall be released on bail in relation to Crime No. 425
of 2024 registered at PS Cantt. District Guna for offence punishable under

Sections 354
,
,
of IPC and added
Sections 376
,
of IPC, upon
furnishing a personal bond in the sum of Rs.50,000/-(Rupees fifty thousand only)
with one solvent surety of the same amount to the satisfaction of the Officer

making arrest, for compliance with the following conditions: (For convenience

of understanding by accused and surety, the conditions of bail are also
reproduced in Hindi as under):-

(1) Applicant shall make himself available for investigation as may be directed by
the officer, in-charge of investigation;

(1) vUos"k.kdrkZ iqfyl vf/kdkjh ds funsZ'kkuqlkj vUos"k.k gsrq vkosnd miyC/k jgsxhA
(2) Applicant shall not commit or get involved in any offence of similar
nature;

(2) vkosnd leku izd`fr dk dksbZ vijk/k ugha djsxk ;k mlesa lfEefyr ugha gksxhA
(3) Applicant shall not directly or indirectly make any inducement, threat or
promise to any person acquainted with the facts of the case so as to dissuade
them/him/her from disclosing such facts to the Court or to the police officer;
(3) vkosnd izdj.k ds rF;ksa ls ifjfpr fdlh O;fDr dks izR;{k ;k vizR;{k :i ls izyksHku]

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 14-08-2024

10:22:49 PM

4 MCRC-29540-2024
/kedh ;k opu ugha nsxh] ftlls ,slk O;fDr ,sls rF;ksa dks U;k;ky; ;k iqfyl vf/kdkjh dks
izdV djus ls fuokfjr gksA
(4) Applicant shall not directly or indirectly attempt to tamper with the
evidence or allure, pressurize or threaten the witness;
(4) vkosnd izR;{k ;k vizR;{k :i ls lk{; ds lkFk NsMNkM djus dk ;k lk{kh ;k lkf{k;ksa dks
cgykus&Qqlykus] ncko Mkyus ;k /kedkus dk iz;kl ugha djsxhA
(5) Upon submission of final report under
Section 173
of Cr.P.C/193 of
BNSS, the applicant shall furnish fresh personal bond and solvent surety of
aforementioned amount to the satisfaction of the Trial Court, if so directed
and thereafter, shall remain present on every date of hearing as may be
directed by the concerned Court;

(5) /kkjk 173 na-iz-la-@193 Hkkjrh; ukxfjd lqj{kk lafgrk ds rgr vafre izfrosnu izLrqr gksus
ij] ;fn ,slk funsZf'kr fd;k tkrk gSZ] vkosnd fopkj.k U;k;ky; dh larqf"Vizn iwoZ mYysf[kr
jkf'k dk uohu oS;fDrd ca/ki= ,oa izfrHkw ca/ki= izLrqr djsxh vkSj mlds mijkar lacaf/kr
U;k;ky; ds funsZ'kkuqlkj lquokbZ dh izR;sd frfFk ij mifLFkr jgsxhA
(6) During trial, the applicant shall ensure due compliance of provisions of

Section 309
of Cr.P.C/346 of the BNSS. regarding examination of witnesses
in attendance;

(6) fopkj.k ds nkSjku] mifLFkr xokgksa ls ijh{k.k ds laca/k esa vkosnd /kkjk 309 na-iz-la-@ 346
Hkkjrh; ukxfjd lqj{kk lafgrk ds izko/kkuksa dk mfpr vuqikyu lqfuf'pr djsxhA

This order shall be effective till the end of trial. However, in case of breach of

any of the precondition of bail, the Trial Court may consider on merit
cancellation of bail without any impediment of this order.

The trial Court shall get these conditions reproduced on the personal bond
by the accused and on surety bond by the surety concerned. If any of them is
unable to write, the scribe shall certify that he had explained the conditions to the
concerned accused or the surety.

C.C. as per rules.

(SANJEEV S KALGAONKAR)
JUDGE

MKB

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 14-08-2024

10:22:49 PM

5 MCRC-29540-2024

Signature Not Verified

Signed by: MAHENDRA

BARIK

Signing time: 14-08-2024

10:22:49 PM