Smt. Pushpa vs The State Of Madhya Pradesh
2022 Latest Caselaw 1944 MP

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.7699/2022 Smt. Pushpa v. State of M.P.

Through video conferencing

Gwalior, Dated: 11.02.2022

Shri Rajeev Shrivastava, Counsel for the applicant.

Shri Rajeev Upadhyay, Counsel for the State.

Case diary is available.

This first application under Section 438 of Cr.P.C. has been

filed for grant of anticipatory bail.

The applicant apprehends his arrest in connection with Crime

No.153/2021 registered at Police Station Pahargarh Distt. Morena

for offence under Section(s) 323, 294, 506, 34 and 307 of I.P.C.

It is submitted by the Counsel for the applicant, that according

to the prosecution case, some hot talk took place between the

complainant and injured Kushma and the husband of the applicant. It

is alleged that husband of the applicant assaulted repeatedly the

injured Kushma. It is further alleged that when the husband of the

injured intervened in the matter, then not only he was assaulted by

the husband of the applicant, but the applicant also gave a fist blow

on his neck. It is submitted that the applicant is a lady and she has

been falsely implicated only because her husband is alleged to have

beaten injured Kushma. The applicant is ready and willing to co-

operate in the investigation. The Trial is likely to take sufficiently

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.7699/2022 Smt. Pushpa v. State of M.P.

long time and there is no possibility of his absconding or tampering

with prosecution witnesses.

Per contra, the application is vehemently opposed by the

Counsel for the State.

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 18th of

February, 2022, she shall be released on bail on her furnishing a

personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) 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

18th of February, 2022, then this order shall lose its effect and the

Investigating Officer shall be at liberty to take her 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

THE HIGH COURT OF MADHYA PRADESH M.Cr.C.7699/2022 Smt. Pushpa v. State of M.P.

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 ar

ABDUR RAHMAN 2022.02.11 17:55:44 +05'30'