Gayatri Bai vs The State Of Madhya Pradesh
2024 Latest Caselaw 16 MP

Madhya Pradesh High Court

Gayatri Bai vs The State Of Madhya Pradesh on 2 January, 2024

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 2 nd OF JANUARY, 2024
                                        MISC. CRIMINAL CASE No. 56069 of 2023

                         BETWEEN:-
                         GAYATRI BAI W/O CHAINSINGH, AGED ABOUT 29
                         Y E A R S , OCCUPATION: HOUSEWIFE, R/O GRAM
                         DURGAPUR, TEH. KHILCHIPUR, DIST. RAJGARH
                         (MADHYA PRADESH)

                                                                                           .....APPLICANT
                         (BY SHRI KRISHNAPAL SINGH KHICHI - ADVOCATE)

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

                                                                                         .....RESPONDENT
                         (BY SHRI K.K.TIWARI - GOVT. ADVOCATE)

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

I.A.No.19653/2023 is an application for early hearing and hearing during winter vacation. Vacation is already over, therefore, application stands disposed off.

2. This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail relating to Crime No.417/2023 registered at Police Station Bhojpur, District Rajgarh (M.P.) for the offence under Sections 294, 323, 326-A, 506 and 34 of the Indian Penal Code, 1860.

3. As per the prosecution story, on 16/11/2023 complainant Phoolchand S/o Paratalal TAnwar lodged an FIR at Police Station Bhojpur by stating that his brother Bhagwan Singh, his mother Kesharbai and his father Paratalal all were inside their house, at that time, present applicant along with co-accused persons came there and abused them in filthy language and asked who took their water sticks. When the Bhagwan Singh came out of the house and stopped them from abusing, then present applicant and other co-accused persons caught hold the Bhagwan Singh and Chainsingh and cut off the right ear of Bhagwan Singh with a knife. When complainant and his father tried to save them, they were beaten by the present applicant and other co-accused persons. Accused

persons also threatened them for life. Accordingly, a case has been registered.

4. Learned counsel for the applicant contended that applicant is innocent and has been falsely implicated in this offence. There is no legal evidence available on record to connect the applicant with the aforementioned offence. She has not played any active role in the said incident. A cross FIR under Section 294, 323, 506 and 34 of IPC has also been registered against the complainant party. Both the parties belong to same family. Applicant is not having any criminal past and she is permanent resident of District Rajgarh. Final conclusion of trial shall take sufficient long time. 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.

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

6. Perused the impugned order of the trial Court as well as the case dairy.

7. 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 the only allegation levelled against the applicant is that she has caught hold the victim Bhagwan Singh at the time of incident, but she was not carrying any deadly weapon at the time of incident; she is a housewife and is not having any criminal record and possibility of delay in conclusion of the trial cannot be ruled out. Therefore, without commenting upon the merits of the case, I deem it proper to release the applicant on anticipatory bail.

8. Accordingly, application is allowed. It is directed that in the event of applicant's arrest, 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.

9. However, concerning police authorities are also directed to ensure the necessary compliance of judgment dated 31/07/2023 passed by Hon'ble the Apex Court in Criminal Appeal No.2207/2023 (Mohd. Ashfaq Alam Vs. State of Jharkhand and Another) arising out of SLP (Crl.) No.3433 of 2023 regarding applicability of the provisions of Section 41 of Cr.P.C.

Certified copy as per rules.

(ANIL VERMA) JUDGE Tej