Smt. Mamta vs The State Of Madhya Pradesh
2022 Latest Caselaw 773 MP

THE HIGH COURT OF MADHYA PRADESH MCRC.64681/2021 Smt. Mamta and Anr. v. State of M.P.

Gwalior, Dated: 17.01.2022

Shri Anant Kumar Bansal, counsel for the Applicant.

Shri C.P. Singh, Counsel for the State.

Case diary is available. Case diary of Cross Case bearing

Crime No. 127 is also available.

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

filed for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime

No.126/2021 registered at Police Station Kotwali Distt. Datia for

offence under Section(s) 452, 294, 323, 506, 147, 148 of I.P.C,

further added Sections 324, 326 of IPC and 25-B of Arms Act.

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

to the prosecution case, a free fight took place between the applicants

and the complainant party. The applicants had also sustained injuries.

The allegations are that they had assaulted Seema and Vandana.

Although some injuries have been found on the body of Seema and

Vandana, but the applicants had also sustained injuries. The

applicants are ladies and if they are sent to jail, then it would tarnish

their image in the society. The Trial is likely to take sufficiently long

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

prosecution witnesses.

Per contra, the application is vehemently opposed by the

THE HIGH COURT OF MADHYA PRADESH MCRC.64681/2021 Smt. Mamta and Anr. v. State of M.P.

Counsel for the State. However, after going through the case diary of

Crime No. 127/2021, it is fairly conceded that applicant no. 2 also

sustained teeth byte as well as applicant no. 1 also sustained injuries.

Considering the nature of injuries sustained by the applicants

as well as by Seema and Vandana coupled with the fact that the

applicants are ladies, their application for grant of anticipatory bail is

considered and allowed.

Accordingly, it is directed that if the applicants appear before

the Investigating Officer (Arresting Officer) on or before 24th of

January, 2021, then they shall be released on bail on their furnishing

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

one surety in the like amount each to the satisfaction of the Arresting

Officer (Investigating Officer).

The applicants shall make themselves available for

interrogation by the Investigating Officer as and when required. They

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 applicants fail to appear

before the Investigating Officer (Arresting Authority) on or before

24th of January, 2021, 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

THE HIGH COURT OF MADHYA PRADESH MCRC.64681/2021 Smt. Mamta and Anr. v. State of M.P.

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 ar

ABDUR RAHMAN 2022.01.18 11:57:44 +05'30'