Mahila Basanti Beva vs The State Of Madhya Pradesh
2022 Latest Caselaw 5292 MP

THE HIGH COURT OF MADHYA PRADESH MCRC No. 17911/2022 (MAHILA BASANTI BEVA Vs THE STATE OF MADHYA PRADESH)

Gwalior, Dated : 11/04/2022

Shri M.L. Yadav, Counsel for applicant.

Shri A.K. Nirankari, Counsel for State.

Case diary is available.

This first application under Section 438 of CrPC has been filed

for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.35/2022 registered at Police Station - Rampurkalan, District

Morena for offence punishable under Sections 458, 323, 294, 506, 34

of IPC.

It is submitted by Counsel for applicant that according to the

prosecution case, on 24.03.2022 at 11:30 in the night, when the family

of the complainant was sleeping in their house, then applicant along-

with other co-accused persons came inside his house and they were

armed with lathi, danda and farsa and scolded as to why he had made

a complaint against them in police station. When the complainant

objected to it, the co-accused Akash Jatav gave a lathi blow to Rubi

causing injury on her right eye. Harischandra gave a lathi blow to

Kamleshi causing injury on her both legs and it is alleged that

applicant and Bhagwanlal assaulted the complainant, Kamleshi &

Rubi by kicks and fists blows and while fleeing away, all the accused

persons extended a threat that in case if FIR is lodged, then they

THE HIGH COURT OF MADHYA PRADESH MCRC No. 17911/2022 (MAHILA BASANTI BEVA Vs THE STATE OF MADHYA PRADESH)

would be killed. It is submitted that the applicant is a lady. She has

been over implicated. Even otherwise, the only allegation against her

is that she had assaulted the injured persons by kicks and fists blows.

She is ready and willing to cooperate with the investigation. There is

no possibility of her absconding or tampering with prosecution case.

Per Contra, the application is opposed by the State Counsel. It

is submitted that there are specific allegations against the applicant in

the FIR.

Considering the facts and circumstances of the case and without

commenting on the merits of the case, the application is allowed

subject to condition that if the applicant appears before the

Investigating Officer (Arresting Officer) on or before 18.04.2022, he

shall be released on bail on his furnishing a personal bond in the sum

of Rs.1,00,000/- (Rupees One Lac Only) with one surety in the like

amount to the satisfaction of the Arresting Officer (Investigating

Officer).

The applicant shall make himself available for interrogation by

the Investigating Officer as and when required. He shall further abide

by the other conditions enumerated in sub-section (2) of Section 438

of Cr. P. C.

It is made clear that in case if the applicant fails to appear

before the Investigating Officer (Arresting Authority) on or before

THE HIGH COURT OF MADHYA PRADESH MCRC No. 17911/2022 (MAHILA BASANTI BEVA Vs THE STATE OF MADHYA PRADESH)

18.04.2022, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take him in custody.

In the light of the judgment passed by the Supreme Court in the

case of Aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021

in Criminal Appeal No.329/2021, the intimation regarding grant of

bail be sent to the complainant.

CC as per rules.

(G.S. Ahluwalia) Judge

Aman AMAN TIWARI 2022.04.11 17:10:56 +05'30'