Beerbal Prasad Rajoriya vs The State Of Madhya Pradesh

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 Digitally signed by NEETU KHAJURIA Date: 2022.09.07

While issuing notice on 14.07.2022, this Court granted 09:46:50 IST Reason:

interim relief in following terms: 2

“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. 3

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