Gattukawar vs The State Of Madhya Pradesh
2023 Latest Caselaw 22686 MP

Madhya Pradesh High Court

Gattukawar vs The State Of Madhya Pradesh on 28 December, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                              1
                            IN     THE        HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                     BEFORE
                                  HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                               ON THE 28 th OF DECEMBER, 2023
                                           MISC. CRIMINAL CASE No. 57244 of 2023

                           BETWEEN:-
                           GATTUKAWAR W/O MANAHOR SINGH RAJPUT, AGED
                           ABOUT 55 YEARS, OCCUPATION: HOUSEWIFE, R/O
                           VILLAGE KHEDI, TEHSIL ALOT, DISTRICT RATLAM
                           (MADHYA PRADESH)

                                                                                            .....APPLICANT
                           (BY SHRI MEHUL VERMA - ADVOCATE)

                           AND
                           THE STATE OF MADHYA PRADESH STATION HOUSE
                           OFFICER THROUGH POLICE STATION ALOT, DIST.
                           RATLAM (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (SHRI MUKESH PARWAL - GOVT. ADVOCATE FOR THE STATE; AND SHRI
                           R.R.BHATNAGAR - ADVOCATE FOR COMPLAINANT)

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

Case diary is available.

2. This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

3 . T h e applicant apprehends her arrest in connection with Crime No.810/2023 registered at Police Station Alot, District Ratlam (M.P.) for offence punishable under Sections 323, 324, 294, 506, 307 and 34 of Indian Penal Code, 1860.

4. It is submitted by the counsel for applicant that the applicant is a lady

and in fact a free fight took place between the parties. Even otherwise, the specific allegations against the applicant are that she was armed with an axe and had caused injuries but no incised wound was found. The applicant is ready and willing t o co-operate with the Investigating Officer. Hence, he prays for grant of anticipatory bail to the applicant.

5. Per contra, the application is vehemently opposed by counsel for the State as well as counsel for the complainant. However, it is fairly submitted by counsel for the State that none of the injured had sustained any incised wound.

6. Considering the facts and circumstances of the case, nature of the allegations as well as the MLC report of the injured persons, this Court is of the

considered opinion that the anticipatory bail can be granted to the applicant. Accordingly, 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 08/01/2024, 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 (Investigating Officer).

7. This order shall remain in force till the conclusion of the trial, unless bail is jumped. 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.

8. It is made clear that in case if the applicant fails to appear before the Investigating Officer (Arresting Authority) on or before 08/01/2024, then this order shall lose its effect and the Investigating Officer shall be at liberty to take her in custody.

9. 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 in Criminal Appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.

(G.S. AHLUWALIA) V. JUDGE Tej