Jasoda Bai vs State Of Madhya Pradesh

Rajeev Kumar Shrivastava, J

This is the first bail application under section 438 of CrPC filed by the applicant for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.300/2020 registered at Police Station Tyonda, District Vidisha (M.P.) for offence under Sections 307, 294, 323, 506 and 34 of IPC and added section 324, 147, 148, 149 of I.P.C.

It is submitted by learned counsel for the applicant-Jasoda Bai that she has falsely been implicated in the case and she is innocent and she has not committed any offence. It is further submitted that the applicant is a lady and aged around 40 years. The main accused-Dhan Singh has already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 25/01/2021 passed in M.Cr.C.No.1464/2021 in cross-case Crime No.302/2020 registered at same Police Station. It is also submitted that there is no over tact on the part of the present applicant. Hence, he prayed to grant anticipatory bail to the applicant.

Learned State counsel has opposed the submissions and submitted that offence has been registered under Sections 307, 294, 323, 506 and 34 of IPC and added section 324, 147, 148, 149 of I.P.C., if any prayer is made for grant of bail that should be under section 439 of Cr.P.C. not under Section 438 of Cr.P.C. and offence is heinous in nature. Hence, prayed to reject the anticipatory bail application of the applicant.

Heard learned counsel for the parties considered the arguments advanced by them and perused the case diary.

Considering the facts and circumstances of the case and the present applicant is 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.

E-copy of this order be sent to the Court concerned for compliance as well as e-copy of the order be given to the learned State counsel with a direction to keep the same in the concerned case diary.

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