Rewati vs State Of M.P

Deepak Kumar Agarwal, J

Heard on first bail application u/S.438 Cr.P.C filed by the applicant for grant of anticipatory bail.

Applicant is apprehending her arrest in connection with Crime No.51/2021 registered at police Station, Sumawali, Distt. Morena, for the offrence punishable under Section 324, 323, 294, 506, 34, 325, 326, 147, 148 and 149 of IPC.

As per prosecution story, on 13.6.2021 at 6.30 pm when complainant Naresh Kushwah along with his sister-in-law Mithlesh and daughter-in-law Babli was cleaning the field, at that time applicant Revti and other accused Ramakhtyar Kushwah, Vinod Kushwah, Vishambhar Kushwah, Sunil Kushwah came there and started abusing them by saying that as to why they are disturbing the sticks fixed in their field. When his sister-in-law and daughter-in-law objected, then Revti, Ramakhtyar Kushwah, Vinod Kushwah, Vishambhar Kushwah, Sunil Kushwah started beating them, due to which his sister-in-law and daughter-in-law received injuries. When he tried to intervene, accused Sunil gave a blow of axe on the little finger of his left hand. On his report, crime for the offence under Sections 324, 323, 294, 506, 34 of IPC was registered and injured were sent for medical examination. During medical examination, tip of little finger of left hand of complainant Naresh was found fractured.

Learned counsel for the applicant prays that applicant is innocent and falsely implicated in the case. Learned counsel for the applicant has produced a report of the same date and incident bearing crime No.50/2021 under Sections 324, 294, 506, 147, 148, 149 of IPC lodged by accused Sunil Kushwah against complainant Naresh and his family members. Present applicant did not assault with axe at little finger of left hand of complainant Naresh which was found fractured. It is further submitted that applicant is ready and willing to abide by any conditions which may be imposed by this Court. On such premises, learned counsel for the applicant prayed for bail.

Learned counsel for the State opposed the prayer and prayed for dismissal of the application.

Both the Advocates are heard through Video Conferencing.

Case diary perused.

Looking to the facts and circumstances of the case, but without commenting on the merits of the case, this Court is of the opinion that the application for anticipatory bail should be allowed and by allowing the application it is ordered that in the event of arrest, if applicant furnishes bail bond of Rs.25,000/- (Rupees Twenty Five Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Authority/Investigating Officer, he should be released on bail.

Application stands allowed and disposed of.

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

Certified copy as per rules.