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Judgment
B. K. Shrivastava, J
Heard on both the applications filed under Section 438 of Cr.P.C. on 07.01.2021 and 03.02.2021. The first petition i.e. M.Cr.C.No.1352/2021 has been
filed on behalf of Rahul Rai, Dashrath Rai and Vinay Rai while the second petition i.e. M.Cr.C.No.7166/2021 has been filed on behalf of Akash
Lodhi. All the applicants are under apprehension of their arrest in connection with Crime No.404/2020 registered at Police Station-Tilwara, District-
Jabalpur for offences punishable under Sections 363, 376(2)(n), 120, 506 of the IPC and Section 3/4 of POCSO Act.
Counsel for the applicants read out two statements of prosecutrix recorded under Section 164 of Cr.P.C. First statement was recorded on 23.09.2020
and the second was recorded on 16.10.2020. Names of all applicants are not mentioned in both statements. Their names included in the statement
recorded under Section 161 of Cr.P.C. by the police on 16.10.2020. As per the statement recorded on 16.10.2020 under Section 164 of Cr.P.C., the
allegation of rape is only against the accused-Neeraj. The co-accused Ravishankar is the father of Neeraj, who has been enlarged on bail by this
Court on 22.01.2021. The allegation against the applicant Ravishankar was that he sent a vehicle in which the prosecutrix had gone to meet an
Advocate, namely, Sudha Gontiya. As per the statement recorded under Section 161 of Cr.P.C., all the applicants are also accompanied in the
aforesaid vehicle when the prosecutrix had gone to meet the advocate with applicant-Neeraj.
Therefore, looking to the aforesaid allegations, it can be said that no custodial interrogation of applicants is required. As per the information given by
the State, the applicants having no any previous criminal records.
Therefore, application for anticipatory bail is allowed.
It is directed that the applicants will surrender before the Investigating Officer within 15 days' from the date of this order, thereafter, they will be
released on bail upon their furnishing a bail bond worth Rs.30,000/- (Rupees Thirty Thousand Only) each and a personal bond of the same amount
each to the satisfaction of the Investigating Officer.
In case challan has been filed then this order shall also be obeyed by the Trial Court.
Accordingly, both the M.Cr.C. stand allowed.
C. C. as per rules.