Kallo Bee W/O Mushtak Khan vs State Of M.P

Vivek Rusia, J

This is the first anticipatory bail application filed under Section 438 of Cr.P.C. before High Court in connection with Crime No.398/2020 under

Section 307, 294, 323, 34 of IPC registered at Police Station â€" Station Road, District-Ratlam.

According to the prosecution story, on 31/07/2020 Dehatinalish was registered on the complaint made by Fahan that his younger brother Ahmad

was washing the trolley and water was floated and stored in front of the house of Mushtak. Thereafter, Mushtak, his wife Kallo (the present

applicant) and his son Mukhtyar abused his brother. Then, he father Nasir came and intercepted. Suddenly Mushtak, Nawab, Bhadar and wife of

Chhota â€" Gouri came there and Nawab handed over sword to Mukhtyar and Mukhtyar has caused injury on the head of Nasir. His father fell down

and Ahmad came for rescue than Mushtak and Bhadar caused injury to him means of wooden stick. Thereafter, Nasir admitted in hospital.

Learned counsel for the applicant submits that so far as present case is concerned, the present applicant, who is a lady only joined the dispute and

there is no allegation of assault by her or causing in injury to the injured or complainant party. It The High Court Of Madhya Pradesh is argued that

Bhadar, Mushtak, Mukhtyar have been granted bail and Gouri Bee granted anticipatory bail. It is submitted that applicant is innocent and has falsely

been implicated in the present case. There is no evidence against her. Conclude of trial is likely to take time. The applicant is permanent resident of

District-Ratlam. There is no possibility of her absconding. She is ready to furnish adequate security. Trial is likely to take time, therefore, he prays for

release of the applicant on anticipatory bail.

The learned Panel Lawyer has opposed the bail application and fairly conceded that present applicant has no criminal history. He prays for

dismissal of the anticipatory bail application of the present applicant.

Heard learned counsel for the parties, perused the case- diary.

Keeping in view the age of applicant i.e. 65 years, the fact that no criminal past is available against her, only allegation against the applicant for the

offence punishable under Section 294 of IPC, which is bailable and considering the aforesaid facts and circumstances of the case, keeping in view the

present secnerio of COVID-19, limited Court work, without commenting on merits of the case, I deem it proper to grant anticipatory bail to the

present applicant. Accordingly, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail, on executing a

personal bond in the sum of Rs.40,000/- (Rupees Forty Thousand) and also on furnishing one solvent surety, in the like amount to the satisfaction of

the Arresting Authority (Investigating Officer).

The applicant shall make herself available for interrogation by a Police Officer, as and when required. He shall further abide by the other conditions

enumerated in sub-Section (2) of Section 438 of Cr.P.C.

C.C. as per rules.