Bati Bai & Anr vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is first anticipatory bail application under Section 438 of CrPC filed by applicants Smt. Bati Bai and Dheeraj.

Applicants are apprehending their arrest in connection with Crime No.200/2021 registered at Police Station Bahadurpur, Ashoknagar, District Guna for offence under Sections 294, 323, 307, 34, 324 and 325 of IPC.

At the very outset, learned counsel for the applicants seeks for and is granted permission to withdraw this first anticipatory bail application filed with regard to applicant No.2 Dheeraj.

The anticipatory bail application with regard to applicant No.2 Dheeraj is hereby dismissed as withdrawn.

It is submitted by learned counsel for applicant - Smt. Bati Bai that the applicant is a lady. She has not committed any offence. She has been falsely implicated. It is further submitted that co-accused Sunder Bai has already been granted anticipatory bail by this Court by order dated 29/10/2021 passed in MCRC No.52010/2021 and case of the present applicant is also on the same footings. Hence, prayed for grant of anticipatory bail to the applicant.

Per contra, learned State counsel opposed the anticipatory bail application and prayed to reject the same.

Heard learned counsel for the rival parties and perused the materials available on record.

Considering the fact that co-accused Sunder Bai has already been granted anticipatory bail and present applicant is also a lady, without commenting upon the merits of the case, the application is allowed. It is hereby directed that in the event of arrest, the applicant shall be released on anticipatory bail on her furnishing a personal bond of Rs.75,000/-(Rupees Seventy Five Thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer/ Investigating Officer.

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 shall make himself available for interrogation by a police 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.

The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them 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 previous permission of trial Court/ Investigating Officer, as the case may be.

This anticipatory bail application stands disposed of in above terms.

E-copy of this order be sent to the Court concerned for information.

Certified copy/ e-copy as per rules/directions.