Arbi Bai @Harbi Bai And Others vs State Of Madhya Pradesh

Vijay Kumar Shukla, J

This first bail application under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (equivalent to Section 438 of Cr.P.C.) has been filed by the applicant No.1 - Arbi Bai @ Harbi Bai and applicant No.2 - Pooja Bai for grant of anticipatory bail, who are apprehending their arrest in connection with Crime No.78/2026 registered by Police Station - Kanad, Agar Malwa (M.P.) for commission of offences under Section 109(1), 117(2), 115(2), 296, 351(3), 118(1) and 3(5) of BNS, 2023.

2) The allegation against the applicant No.2 is that she pelted stones on the injured persons and the allegation against the applicant No.1 is that she physically assaulted the injured persons.

3) Learned counsel for the the applicants submits that they are innocent persons and have falsely been implicated in the present case. The identically placed co-accused persons have been granted anticipatory bail by the trial Court. Copy of the same has been uploaded. The applicants have no criminal antecedent. Applicants are permanent resident of District - Agar Malwa and there is no possibility of their absconsion or tampering with the prosecution evidence, if released on bail. Under these grounds, counsel for applicants prayed for grant of bail to the applicants.

4) Per contra, learned counsel for the respondent have vehemently opposed the bail application.

5) After hearing learned counsel for the parties, and upon perusal of the order of the trial Court, it is found that the said order was passed on the no objection by the complainant party. Counsel for the respondent also could not dispute that the applicants are identically placed with the co-accused persons. In view of the aforesaid, this Court is of the opinion that the applicants are entitled for grant of anticipatory bail.

6) It is directed that in the event of arrest, applicant No.1 - Arbi Bai @ Harbi Bai and applicant No.2 - Pooja Bai shall be released on bail on furnishing a personal bond in a sum of Rs.50,000/- (Rs. Fifty Thousand Only) each with one surety in the like amount to the satisfaction of arresting officer. The applicants shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.

7). A typed copy of this order is being forwarded to the Office of the Advocate General, on their email address, for intimation to the Police Station concerned.

8) The applicants shall further abide by other conditions enumerated under Section 482 (2) of the B.N.S.S. and shall cooperate in the investigation, otherwise this bail order shall automatically stand cancelled.

9). With the aforesaid, the application is allowed and disposed of.

Certified copy as per rules.