Ankit vs State Of MP

Satyendra Kumar Singh, J

This is first application filed under section 439 of Cr.P.C. for grant of bail to the applicant, as he has been arrested on 21/10/2021 in connection with Crime No.1029/2021 registered at Police Station Vijay Nagar District Indore for commission of offence punishable under Sections 354 and 382 of IPC.

Prosecution story, in brief, is that applicant with preparation to commit theft called the prosecutrix in a hotel and tried to outrage her modesty by touching her hands repeatedly and thereafter stolen her mobile phone.

Learned counsel for the applicant submits that applicant and prosecutrix met on a matrimonial site and they went to hotel "Infinity" for conversation with regard to their marriage. During conversation, a quarrel occurred between them and prosecutrix threw her mobile which applicant had taken and left the hotel. Applicant did not commit any offence. Prosecutrix reached the hotel voluntarily. Place of incident was a common place. Allegations made against the applicant are totally false. Applicant has been falsely implicated in the matter. Applicant is in custody since 21.10.2021. Trial will still take time for its conclusion. Hence, prayer is made to enlarge the applicant on bail.

Learned counsel for respondent/State as well as learned counsel for the objector/complainant has opposed the application. Learned counsel for the objector/complainant submits that applicant knowing the fact that prosecutrix does not consume liquor directed the waiter of the hotel to mix Vodka in her juice. Applicant thereafter tried to outrage the modesty of the prosecutrix by touching her hands repeatedly and stolen the mobile phone of the prosecutrix. Offence alleged against the applicant is serious in nature, therefore, the applicant is not entitled for bail.

Having considered the rival submissions, place of incident which was a hotel (Restaurant), allegations made against the applicant and also considering the fact that applicant and prosecutrix both voluntarily went to the place of incident for a meeting and also considering the other facts and circumstances of the case, this Court is of the view that the applicant deserves to be enlarged on bail, hence, without commenting anything on the merits of the case, the application is allowed.

It is directed that the applicant is directed to be released on bail upon his furnishing personal bond in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) with a solvent surety in the like amount to the satisfaction of the concerned Court for his appearance before the trial Court on all such dates as may be fixed in this behalf by the trial Court during the pendency of trial. It is further directed that applicant shall comply with the provisions of Section 437 (3) of Cr. P. C.

In view of the outbreak of 'Corona Virus disease (COVID-19)' the concerned Jail Authority is directed to follow the directions/guidelines issued by the Government with regard to COVID-19 before releasing the applicant.

This M.Cr.C. stands allowed and disposed of.

C. C. as per rules.