Lata Awasthi vs The State Of Madhya Pradesh
2022 Latest Caselaw 3178 MP

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           The High Court Of Madhya Pradesh
                   MCRC No. 11480 of 2022
                     (LATA AWASTHI Vs THE STATE OF MADHYA PRADESH)

Jabalpur, Dated : 07-03-2022
      Mr. Sankalp Kochar, Advocate for the applicant.

      Mr. Akshay Namdeo, Government Advocate for the respondent/State.

Heard.

This is the first application filed under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.

The applicant is apprehending her arrest in Crime No.90/2022 registered at

Police Station Lordganj, District Jabalpur, for the offence punishable under Sections 342, 384, 386 read with Section 34 of the Indian Penal Code and Section 4 of Madhya Pradesh Riniyo Ka Sanrakshan Adhiniyam, 1937.

Learned counsel for the applicant submits that the transaction which has given rise to this criminal case has already been tried in a civil suit which has been filed by the applicant and the same has been decreed partly in favour of the applicant vide judgment and decree dated 05.07.2019 (Annexure-A/3). He submits that when a civil suit has already been filed, then filing a false complaint that too on the basis of agreement which was the subject matter of civil suit is nothing but to

implicate the applicant falsely in the criminal case. On these submissions, he prays that the applicant may be granted the benefit of anticipatory bail.

On the other hand, learned Government Advocate has opposed the prayer of bail and submitted that it is the applicant who has in fact defrauded the complainant by taking money and not carrying out the terms and conditions of the agreement.

Considering the arguments advanced by learned counsel for the parties and on perusal of the case diary, I am inclined to enlarge the applicant on anticipatory bail. Therefore, without commenting anything on the merits of the case, this application is allowed.

It is directed that in the event of arrest, the applicant be released on bail upon her furnishing a bail bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one solvent surety of the like amount to the satisfaction of the Station House

Officer/Arresting Officer of the Police Station concerned.

The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.

Certified Copy as per rules.

(SANJAY DWIVEDI) JUDGE Devashish

DEVASHISH MISHRA 2022.03.08 10:28:22 +05'30'