Antima Pandey vs State Of Madhya Pradesh

Rajeev Kumar Dubey, J

Heard with the aid of case diary.

This is first bail application filed by the applicant Antima Pandey under Section 438 of the Cr.P.C. for grant of anticipatory bail.

T h e applicant apprehends her arrest in connection with Crime No.554/2020, registered at P.S. Sarai District-Singrauli (M.P.) for the offence punishable under Sections 452, 147, 294, 323 & 506 of the IPC.

A s per the prosecution case, on 22/8/2020 at 09:00 pm applicant Antima Pandey and co-accused Govind Pandey, Harihar Prasad Pandey, Girish Chandra Pandey, Premchand Pandey, Uday Chand Pandey and Indrawati Pandey entered into the house of complainant Tulsi Ram Pandey located at village Chhamrachh and assaulted the complainant, his wife and his daughter-in-law, due to which they sustained injuries and also threatened them to kill.

Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the aforesaid offence. It is further submitted that the applicant is a lady and recently gave birth to a child. The applicant is ready to cooperate in the investigation and trial. In the event of arrest, her reputation will be ruined. Under these circumstances, applicant prays for anticipatory bail.

On the other hand, learned counsel for the State as well as objector opposed the prayer and submitted that applicant and other co-accused persons assaulted the complainant and other injured persons, due to which they sustained injuries. So the applicant should not be released on anticipatory bail.

Looking to the facts and circumstances of the case and the fact that the applicant is a lady and recently gave birth to a child, without commenting on the merits of the case, the application is allowed. It is directed that in the event of arrest of applicant by the police in the aforesaid crime, applicant Antima Pandey shall be released on bail on her furnishing a personal bond in the sum o f Rs.50,000/- (Rupees Fifty Thousand only) with one surety in the like amount to the satisfaction of the Arresting officer (Investigating Officer) for her regular appearance before the Police during the investigation or before the Court during trial.

This order will remain operative subject to compliance of the following conditions by the applicant :

The applicant will comply with all the terms and conditions of the bond executed by her;

The applicant will cooperate in the investigation/trial, as the case may be;

3 . The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police Officer, as the case may be;

The applicant shall not commit an offence similar to the offence of which she is accused;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without prior permission of the trial Court/Investigating Officer, as the case may be.

A copy of this order be sent to the concerned Station House Officer for compliance.

Certified copy as per rules.