Rainu vs State Of M.P

S.A.Dharmadhikari, J

This is the first application under Section 438 of the Code of Criminal Procedure filed by the applicant for grant of anticipatory bail.

Applicant apprehends arrest in connection with Crime No.555/2020 registered at Police Station Dehat District Bhind (M.P.) for the offences

punishable under Sections 294, 323, 324, 506 and 34 and added Section 326 of the IPC.

Allegation against the applicant and co-accused in short, is that on 14/09/2020 at about 6.00 pm in the evening complainant was going in front of the

house of Mulu Chourasiya. At that time, Mulu told her not to cross the road in front of his house due to which altercation took place and all of the

accused persons started abusing filthily and thereafter thrown her on the ground and started beating with kicks and fists due to which she received

injuries,thereafter, her son came to rescue her. At that time, co-accused Ram assaulted him by means of axe which hit on his head due to which he

sustained injuries. On the aforesaid basis, crime has been registered.

Learned counsel for the applicant submits that she is lady and aged about 28 years and she has falsely been implicated in the matter. No overtact has

been assigned except her presence. She was not holding any sharp cutting weapon so as to constitute offence under Section 326 of the IPC. No

criminal case is pending against the applicant. She is permanent resident of District Gwalior (M.P.) and there is no likelihood of absconsion or

tampering with the prosecution evidence. With the aforesaid submissions, prayer for grant of anticipatory bail is made.

In response, learned Panel Lawyer has opposed the anticipatory bail application and prayed for its rejection.

Taking into consideration the facts and circumstances of the case, but without expressing any opinion on merits of the case, I deem it appropriate to

extend the benefit of anticipatory bail to the applicant.

The application is, accordingly, allowed and it is hereby directed that in the event of arrest of applicant, she shall be released on bail on furnishing a

personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand only) with one solvent surety of the like amount to the satisfaction of the Arresting

Authority.

The applicant shall also furnish a written undertaking that she will abide by the terms and conditions of various circulars, as well as, orders issued by

the Central Government, State Government and local administration from time to time such as maintaining social distancing, physical distancing, hygine

etc. to avoid proliferation of Corona virus.

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 will cooperate in the investigation/trial, as the case may be;

3.The applicant will not indulge herself in extending inducement, threat o r promise to any person acquainted with the facts of the case so as to

dissuade him/her from disclosing such facts to the Court or to the Police Office, as the case may be;

The applicant will not seek unnecessary adjournments during the trial; and

The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.

6 . If the applicant commits any offence after being released on bail, then this order shall automatically stand cancelled without reference to the Court.

A copy of this order be sent to the Court concerned for compliance. Certified copy as per rules.