Smt. Meena Kushwah vs The State Of Madhya Pradesh
2022 Latest Caselaw 523 MP

Citation : 2022 Latest Caselaw 523 MP
Judgement Date : 11 January, 2022

Madhya Pradesh High Court

Smt. Meena Kushwah vs The State Of Madhya Pradesh on 11 January, 2022

Author: Gurpal Singh Ahluwalia

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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 1201/2022
    (SMT. MEENA KUSHWAH AND OTHERS Vs THE STATE OF MADHYA
                         PRADESH)

                     Through Video Conferencing

Gwalior, Dated : 11/01/2022

       Shri Rishabh Pathak, Counsel for applicants.

       Shri C.P. Singh, Counsel for State.

       Case Diary is available.

       This first application under Section 438 of CrPC has been filed

for grant of anticipatory bail.

       The applicants apprehend their arrest in connection with Crime

No.378/2021 registered at Police Station - Hazira, District Gwalior

for offence punishable under Sections 323, 294, 506, 34 and 326 of

IPC.

       It is submitted by Counsel for the applicants that according to

the prosecution case, the dispute arose on the question of dumping

waste material. It is alleged that applicants started abusing the

complainant party and later on the co-accused Arun came on the spot

and assaulted on the head of Sandeep Singh by means of an iron

hammer. There are no allegations of any overt act of making an assault

against the applicant No.1-Smt. Meena Kushwah.

       In view of the allegations that applicants No.2 & 3 assaulted

Rajendra and Suman, Counsel for applicants submits that he may be

permitted to withdraw this application in respect of applicants No.2 &

3 but the bail application for grant of anticipatory bail filed on behalf
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           THE HIGH COURT OF MADHYA PRADESH
                        MCRC No. 1201/2022
    (SMT. MEENA KUSHWAH AND OTHERS Vs THE STATE OF MADHYA
                         PRADESH)

of applicant No.1 may be considered. It is further submitted that in

fact a cross case has also been registered against the complainant party

which has been registered as crime No.376/2021, and thus, it is clear

that every accused shall be liable for own individual act and as no

allegation of any assault has been made against applicant No.1 and

only allegation against the applicant No.1 is that she too was abusing

the complainant party, the application for grant of anticipatory bail of

applicant No.1 be considered sympathetically. She is willing and ready

to co-operate in the investigation. The trial is likely to take sufficiently

long time. There is no possibility of her absconding or tampering with

prosecution case.

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

However, after going through the Police Case diary, it is fairly

conceded that except the allegation of abusing the complainant party,

there is no allegation of any overt act against the applicant No.1.

      Considering the allegations made against the applicant No.1-

Smt. Meena Kushwah, her application for grant of anticipatory bail

is allowed subject to condition that if the applicant No.1 appears

before the Investigating Officer (Arresting Officer) on or before

18.01.2022

, 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

THE HIGH COURT OF MADHYA PRADESH MCRC No. 1201/2022 (SMT. MEENA KUSHWAH AND OTHERS Vs THE STATE OF MADHYA PRADESH)

(Investigating Officer).

The applicant No.1 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 No.1 fails to appear

before the Investigating Officer (Arresting Authority) on or before

18.01.2022, then this order shall lose its effect and the Investigating