Amir Khan @ Sheikh Ullah And Others vs State Of Madhya Pradesh

B. K. Shrivastava, J

Heard on application filed on 30.9.2020 under section 438 of CrPC for grant of anticipatory bail on behalf of applicants Amir Khan alias Sheikh Ullah and Jilani Khan alias Virani Khan, who are under apprehension of their arrest in connection with Crime No.978/2020, registered at Police Station Kotwali, District Damoh, under sections 354, 354(Ka), 354(Gha) read with section 34 of IPC and section 7/8 of POCSO Act.

It appears from the record that the prosecutrix is a girl, aged about 15 years. Her statement under section 161 of CrPC was recorded on 30.9.2020. Thereafter the Magistrate also recorded her statement under section 164 of CrPC. The main allegations are against co-accused Kallu and Majid. In the statement recorded under section 161 of CrPC, the prosecutrix stated that both applicants Amir Khan and Virani Khan were also present with co-accused Kallu and Majid; while in statement recorded under section 164 of CrPC, she told that when her uncle saw the incident, at that time, the aforesaid both persons were coming behind the motorcycle, upon which the prosecutrix was going.

Upon query it is submitted by the State that the aforesaid two applicants having no any criminal backgrounds. Therefore, no custodial interrogation is required.

Hence, the application is allowed. It is ordered that both applicants will surrender before the Investigating Officer within fifteen days from the order of this Court. Thereafter, they shall be released on bail upon their furnishing a bail bond worth Rs. 10,000/- (Rupees Ten thousand only) each and a personal bond of the same amount each to the satisfaction of the Investigating Officer.

In case, the challan is filed against both applicants, then this order shall also be followed by the trial Court.

It is directed that the applicants shall abide by the conditions as enumerated under Section 438(2) of the Cr.P.C.

Accordingly, application stands allowed.

Certified copy as per rules.