Sohanbai vs The State Of Madhya Pradesh
2023 Latest Caselaw 20698 MP

Madhya Pradesh High Court

Sohanbai vs The State Of Madhya Pradesh on 7 December, 2023

Author: Anil Verma

Bench: Anil Verma

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                       BEFORE
                                           HON'BLE SHRI JUSTICE ANIL VERMA
                                              ON THE 7 th OF DECEMBER, 2023
                                         MISC. CRIMINAL CASE No. 53525 of 2023

                           BETWEEN:-
                           1.    SOHANBAI W/O BABULAL JI SARAH, AGED 75
                                 YEAR S, OCCUPATION: NIL PURBIYA MOHALLA
                                 MANASA     DISTRICT   NEEMUCH    (MADHYA
                                 PRADESH)

                           2.    RAKESH S/O BABULAL JI SARAH, AGED 35 YEARS,
                                 OCCUPATION:    AGRICULTURIST       PURBIYA
                                 MOHALLA MANASA DISTRICT          NEEMUCH
                                 (MADHYA PRADESH)

                                                                                         .....APPLICANTS
                           (BY SHRI ABHISHEK RATHORE - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH THROUGH POLICE
                           STATION MANASA DISTRICT NEEMUCH (MADHYA
                           PRADESH)

                                                                                        .....RESPONDENT
                           ( BY SHRI AMIT RAWAL - GOVERNMENT ADVOCATE)

                                 This application coming on for admission this day, the court passed the
                           following:
                                                              ORDER

This is the first application filed by the applicants under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No. 505/2023 registered at Police Station Manasa District Neemuch (M.P.) for the offence under Sections 323, 324, 326, 504, 506 and 34 of the Indian Penal Code, 1860.

2 . As per the prosecution story, on 23.10.2023 complainant Vishnu

made a complaint against the present applicant stating that his family members Gopal has bought the Farm at Paroot Pipliya Village from Laxman. On 23.10.2023 complainant Vishnu alongwith Gopal and Rahul were at their farm and were harvesting the crops, at around 9.45 co-accused Rakesh alongwith applicant Sohanbai came there and started claiming upon well. When complainant objected then accused persons started abusing them in filthy language. Accused Rakesh had bitten his thumb of left hand. Accordingly, a case has been registered against the present applicant also.

Counsel for applicants seeks permission to withdraw this M.Cr.C. on behalf of applicant No. 2 Rakeh.

Prayer allowed.

M.Cr.C. in respect of applicant No.2 Rakesh is dismissed as withdrawn.

3. So far as bail application of applicant No.1 Sohanbai is concerned, learned counsel for the applicant contended that applicant is innocent and she has been falsely implicated in this offence. The applicant has not participated in the alleged mar peet. Cross FIR vide crime No. 504/2023 has been made by applicant on 23.10.2023 at 16.25 and on the same day, another FIR vide crime No. 505/2023 was made at 17.34. Nothing is to be recovered from the applicant. No offence under section 326 of IPC is made out against the applicant. Applicant is permanent resident of Neemuch district. Under the above circumstances, prayer for grant of anticipatory bail may be considered on such terms and conditions, as this Court deems fit and proper.

4. Per-contra, learned counsel for the respondent - State opposes the bail application and prays for its rejection.

5. Perused the impugned order of the trial Court as well as the case

dairy.

6 . Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature of allegation and also taking note of the fact that limited allegation has been made against present applicant Sohanbai that she has only abused to the complainant party she is not having any criminal past, she is 75 years old lady, I deem it proper to release the applicant Sohanbai on anticipatory bail.

7. Accordingly, application is allowed. It is directed that in the event of arrest of applicant No. 1 Sohanbai, the applicant be released on anticipatory bail on her furnishing personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of arresting officer for her appearance before the Investigating Officer during the course of investigation as and when directed. Conditions of Section 438(2) Cr.P.C. shall also apply on the applicant during currency of bail.

8 . However concerning police authorities are directed to ensure the necessary compliance of judgment dated 31.7.2023 passed by Hon'ble the Apex court in Criminal appeal No. 2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and others) regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE BDJ