Full Judgment Text
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.1446 OF 2022
(Arising out of SLP (Crl.) No.5869 of 2022)
BEERBAL PRASAD RAJORIYA Appellant
VERSUS
STATE OF MADHYA PRADESH Respondent
O R D E R
Leave granted.
This appeal arises out of the judgment and order dated
14.06.2022 passed by the High Court of Madhya Pradesh at
Gwalior in Miscellaneous Criminal Case No.23648 of 2022.
Apprehending arrest in connection with crime registered
pursuant to First Information Report No.0076 dated 10.03.2022
lodged with Police Station Kotwali Sheopur, District Sheopur,
Madhya Pradesh, in respect of the offences punishable under
Sections 376(2)(n) and 506 of the Indian Penal Code, 1860
(“IPC” for short), the appellant preferred an application
before the High Court seeking anticipatory bail.
Said application having been rejected, the instant appeal
has been preferred.
Signature Not Verified
While issuing notice on 14.07.2022, this Court granted
Digitally signed by
NEETU KHAJURIA
Date: 2022.09.07
09:46:50 IST
Reason:
interim relief in following terms:
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“Pending further consideration, the petitioner shall
not be arrested in connection with First Information
Report No.0076 dated 10.03.2022 registered with
Police Station Kotwali Sheopur, District Sheopur,
Madhya Pradesh, in respect of the offences punishable
under Sections 376(2)(n) and 506 of the Indian Penal
Code, 1860.”
In this appeal, we have heard Mr. Fuzail Ahmad Ayyubi,
learned Advocate for the appellant; and, Mr. Gopal Jha,
learned Advocate for the State.
Going by the allegations made in the First Information
Report that the incident in question had occurred five months
before the First Information Report was lodged and the
attending circumstances, in our view, the case of anticipatory
bail is made out.
In the circumstances, we make the aforesaid interim order
dated 14.07.2022 absolute and direct as under:
a) in the event of being arrested in connection
with the aforesaid crime, the Arresting Officer
shall release the appellant on bail on his
furnishing cash security in the sum of
Rs.50,000/- (Rupees fifty thousand only) with
two like sureties.
The aforesaid relief is granted expressly
subject to the appellant rendering complete co-
operation in the ensuing investigation.
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b) The appellant shall present himself as and when
his presence is requisitioned by the
investigating officer.
c) The appellant shall not in any way try to hamper
the course of investigation or conduct of trial.
With these observations, the appeal is allowed.
...............................CJI.
[UDAY UMESH LALIT]
.................................J.
[S. RAVINDRA BHAT]
NEW DELHI;
SEPTEMBER 05, 2022