Shivani vs The State Of Madhya Pradesh
2022 Latest Caselaw 1566 MP

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 5304/2022
              (SHIVANI Vs STATE OF MADHYA PRADESH)

                     Through Video Conferencing

Gwalior, Dated : 03/02/2022

      Shri Rajeev Shrivastava, Counsel for applicant.

      Shri R.K. Awasthi, 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 her arrest in connection with Crime

No.151/2021 registered at Police Station - Ater, District Bhind, for

offence punishable under Sections 307, 353, 336, 332, 34 of IPC and

Section 25/27 of Arms Act.

      It is submitted by the Counsel for the applicant that on

01/10/2021, an information was received that the co-accused-Shadilal

is having an illegal gun with him and accordingly, police party went to

the spot and saw that the co-accused-Shadilal was having 12 bore

double barrel halfbut gun. When, he was surrounded by the police

party, then he fired three gunshots by aiming at the police force.

However, the police party did not suffer any injury. Thereafter, the co-

accused-Shadilal instigated the applicant to take out another gun and

accordingly, the applicant went to the roof of her house and fired one

gunshot but it did not hit anybody. Thereafter, the mother of the

applicant again instigated the applicant to fire another gunshot, which

landed on the earth. Thereafter, four gunshots were fired by the police
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          THE HIGH COURT OF MADHYA PRADESH
                       MCRC No. 5304/2022
              (SHIVANI Vs STATE OF MADHYA PRADESH)

in retaliation. It is alleged that the mother of the applicant pelted

stones in order to take away co-accused-Shadilal as a result police

Constable Abhishek sustained injury on his right palm. It is submitted

that in fact the mother of the applicant has filed a habeas corpus writ

petition, which was registered as W.P.No.10479/2020. In the said writ

petition, it was alleged that the respondent No.4 therein, who is a

police officer, is still in possession of two gold rings and mobile of the

applicant and the respondent No.4 therein has given the same to his

brother-in-law (Sala). Accordingly, the Superintendent of Police,

Bhind was directed to file the call details of the mobile number

carrying IMEI number belonging to the applicant. The applicant was

also produced before the Court in W.P.No.10479/2020 and her

statement was recorded and the Court by order passed on the very

same day sought explanation/ reply alongwith the personal affidavit of

the respondent No.4/ Atul Bhadauriya, SHO, Police Station Ater,

District Bhind. It is submitted that on account of pendency of

W.P.No.10479/2020 as well as in the light of the allegations made by

the applicant against Atul Bhadauriya, SHO, Police Station Ater,

District Bhind, the applicant has been falsely implicated. It is

submitted that co-accused Saroj Devi has been granted bail under

Section 438 of Cr.P.C by order dated 11.01.2022 passed in M.Cr.C.

No.1145/2022. Applicant is ready and willing to cooperate in the

investigation. The Trial is likely to take sufficiently long time and

THE HIGH COURT OF MADHYA PRADESH MCRC No. 5304/2022 (SHIVANI Vs STATE OF MADHYA PRADESH)

there is no possibility of her absconding or tampering with the

prosecution case.

Per contra, the application is vehemently opposed by the

Counsel for the State. However, it is fairly conceded that none of the

police personnel had sustained any gunshot injury except one

Constable Abhishek, who is alleged to have sustained injury on his

right palm on account of pelting stones by the mother of the applicant.

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 10.02.2022, she

shall be released on bail on her 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 herself available for interrogation by

the Investigating Officer as and when required. She 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

10.02.2022, then this order shall lose its effect and the Investigating

Officer shall be at liberty to take her in custody.

THE HIGH COURT OF MADHYA PRADESH MCRC No. 5304/2022 (SHIVANI Vs STATE OF MADHYA PRADESH)

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

(alok)

ALOK KUMAR 2022.02.04 12:11:09 +05'30'