Ku. Anjali Tomar vs State Of Madhya Pradesh

Heard learned counsel for the parties and case diary is perused.

This is first application for anticipatory bail under section 438 Cr.P.C. Applicant is apprehending her arrest in connection with Crime No.374/2019 registered at Police Station Porsa, District Morena, for the offence punishable under Section 306, 34 of IPC.

It is submitted by learned counsel for the applicant- Ku. Anjali Tomar that the applicant is innocent lady and she has not committed any offence. It is further submitted that there is no allegation against the present applicant to instigate the deceased to commit suicide. It is further submitted that co-accused- Guddi Devi @ Arun Kumari has already been granted anticipatory bail by this Court on 02/12/2019. Hence, prayed for grant of anticipatory bail on the basis parity. In support his contention, learned counsel for the applicant has placed reliance on the decision of this Court in Manish Soni vs. State of M.P. & Another:[2019(1) MPLJ (Cri.) 111].

Learned Public Prosecutor for the State opposed the application and has submitted that the sole cause of death is abatement to commit suicide from the side of the present applicant. The instigation was so grave that the deceased Satyavir @ Lalu had committed suicide. Hence, prayed for its rejection by contending that on the basis of allegation no case for grant of anticipatory bail is made out.

Keeping in view the submissions made by learned counsel for the parties as well as the applicant is lady, but without expressing any opinion on the merits of the matter, this Court is inclined to grant anticipatory bail to the present applicant. Consequently, application under Section 438 of Cr.P.C. is hereby allowed.

It is directed that in the event of arrest, present applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five thousand only) with a solvent surety in the like amount to the satisfaction of the Trial Court.

The applicant shall make herself available before the trial Court as and when required. She shall further abide by the other conditions enumerated in sub-Section (2) of Section 438 of Cr.P.C.

Certified copy as per rules.