Rama Yadav vs State Of Madhya Pradesh

Anand Pathak, J

This is first application under Section 438 of the Cr.P.C filed by the applicant who is a lady aged 25 years apprehending her arrest in connection with Crime No.294/2023, registered at Police Station- Bairad, District Shivpuri for the offence punishable under Sections 307, 294, 506, 34 of IPC and extended Sections 324, 325, 326 of IPC.

It is the submission of learned counsel for applicant that applicant who is a lady aged 25 years apprehending her arrest on the basis of registration of offence as referred above. It is further submitted that because of illegal meter connection by complainant side from the electricity line of the applicant, this dispute erupted. It was a case of sudden provocation per se. Role of applicant is confined to inflicting Lathi blow to one Siya Bai who sustained injury. However, it is not clarified about the exact nature of injury received by Siya Bai from blow of applicant because three other co-accused have also allegedly inflicted Lathi blow over Siya Bai. Applicant is a mother of two children. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience and problem to children to maintain. Applicant undertakes to cooperate in investigation/trial and shall not be a source of embarrassment and harassment to the complainant in any manner. Under these grounds, he prayed for anticipatory bail.

Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of application. However, he fairly submits that applicant does not bear any criminal record.

Learned counsel for the complainant also vehemently opposed the prayer for bail and prayed for its dismissal.

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

Considering the submission and the fact that applicant the incident is of sudden provocation, this Court intends to allow the application, therefore, it is hereby directed that in the event of arrest, the applicant 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 Arresting Authority/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 him;

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

3 . 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 him 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;

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

7 . Applicant shall not be a source of embarrassment and harassment to the complainant in any manner and shall not move in her vicinity.

Application stands allowed and disposed of.

Copy of this order be sent to the trial Court concerned for compliance.

Certified copy as per rules.