Saddam Batadia vs State Of Madhya Pradesh

Shailendra Shukla, J

This application filed under Section 438 of Cr.P.C for grant of anticipatory bail. The applicant is apprehending his arrest in connection with crime

No.311/2021, registered at police station Sarangpur, Tehsil Sarangpur Distt. Rajgarh, for the offence punishable under Sections 305, 354(D) of IPC,

read with Section 11 and 12 of POCSO Act.

As per prosecution story, the minor girl was being stalked and harassed by co-accused Aaqib who is brother of present applicant Saddam. The

deceased girl had informed her parents who asked Aaqib and his family members to resist from harassing the girl, but Aaqib does not mend his way

and the girl then committed suicide by hanging.

Learned counsel for the applicant submits that girl in question and Aaqib were in fact attracted to each other and were in constant contact with each

other to the dislike of her parents who became strict with the girl, consequent to which she had committed suicide and there is no involvement of the

applicant who is brother of main accused Aaqib. On these grounds bail has been sought.

Learned Panel Lawyer for the State was heard who submits that in 164 Cr.P.C statement it has been mentioned by the family members of the

deceased that the present applicant used to assist the main accused Aaqib to harass the girl.

Considered.

Admittedly, there is no suicide note left by the deceased girl. It has not been mentioned as to in what manner the present applicant used to assist

Aaqib (main accused) in harassing the girl.

In view of the submissions mainly those made by learned counsel for the applicant, case is made out for grant of anticipatory bail to the applicant.

Without expressing any opinion on merits of the case, the bail application filed under Section 438 of Cr.P.C is allowed and it is and it is directed that in

the event of arrest, the applicant (Saddam S/o. Sayeed Batadia) shall not be arrested by the Arresting Officer and he shall be released on bail subject

to his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) with one local solvent surety of like amount to the

satisfaction of the Arresting Officer, subject to abiding the conditions enumerated under Section 438 (2) of the Cr.P.C. and he shall give due

assistance to the Investigating Officer in the matter. The applicant shall appear before the Investigating Officer on 23.6.2021 and on all other

subsequent dates, as may be fixed by the Investigating Officer from time to time.

The bail application stands allowed and disposed of.

Certified copy, as per rules.