Heerabai And Others vs State Of Madhya Pradesh

Anil Verma, J

This is first application by the applicant under Section 438 of the Code of Criminal Procedure, 1973 for grant of anticipatory bail as they are

apprehending their arrest in connection with Crime No. 408/2021 registered at P.S- Petlawad District - Jhabua for commission of offence punishable

under sections 294, 323,324, 326, 506, 34, of IPC.

As per prosecution story, on dated 04/07/2021, complainant Lokesh lodge a report at police station that at about 3.20 pm, he along with his father

Gopal were working in the agricultural field, at that time, co-accused Mahesh, Hiribai and Saritabai came there and told him that why they were doing

good agricultural work and Mahesh stated abusing them and when they tried to stop him, Mahesh gave blow by axe to the complainant. As a result of

which, he sustained serious injuries on his right fist. When his father Gopal came there to intervene, then applicant Saritabai caused injury to him by

using axe and Hiribai also beat them. The incident was witnessed by Nirmala and on lodging FIR, the aforementioned offences have been registered

against them.

Learned counsel for the applicants submits that the applicants are young ladies aged 59 and 35 years old respectively. They have falsely been

implicated in this offence. Applicant no. 2 is a doctor by profession. Cross-case has also been registered at Crime no. 409/2021 against the

complainant party. There is no legal evidence against the applicants. Main allegation is against co-accused Mahesh who caused injuries by axe to

Lokesh. Final conclusion of trial will sufficiently long time. Under the above circumstances, learned counsel prays for grant of anticipatory bail to the

applicants.

Per contra, learned PL for respondent â€" State opposes the bail application and prays for its rejection by contending that on the basis of allegations

and material available on record, no case is made out for grant of anticipatory bail to the applicant.

Perused the impugned order of the trial Court as well as the case diary..

Considering the aforesaid submissions made by learned counsel for the parties, nature of allegations against the applicants and other facts and

circumstances of the case, as also the fact that applicant no. 1 aged about 59 years and applicant no. 2 is aged about 35 years old and is a doctor by

profession and the serious injuries sustained by injured Lodesh were caused by co-accused Mahesh by using axe; the applicants have no criminal past

and cross-case has also been registered against the complainant party, I deem it proper to allow the this application.

Accordingly, without commenting on the merits of the case, present anticipatory bail application is allowed.

Accordingly, it is directed that, in the event of arrest, applicants Hiribai and Saritabai be released on anticipatory bail on their furnishing personal bail

bond in the sum of Rs.60,000/- (Rs. Sixty Thousand) each along with one surety each in the like amount to the satisfaction of arresting officer for their

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 applicants during currency of bail.

With the aforesaid, present bail application filed under section 438 of Cr.P.C by the applicants stands disposed of.

Certified copy, as per rules.