Shaitan Bai vs State Of M.P

Vivek Rusia, J

This is the first bail application under Section 438, Cr.P.C. seeking anticipatory bail, due to apprehension of arrest in connection with Crime

No.129/2021, Police-Station- Bhojpur, District- Rajgarh for the commission of offences under Sections 307, 323, 324, 147, 148 and 149 of the IPC.

As per the prosecution story, applicant along with six other assaulted the complainant party by means of farsi and stick therefore, FIR has been

registered under Sections 307, 323, 324, 147, 148 and 149 of the IPC against her.

Learned counsel for the applicant submits that the applicant has falsely been implicated in this case and all the allegations are omnibus in nature. There

is no specific act attributable by her apart from that she is pregnant at this stage and delivery is mature now and she can deliver the child any time. If

she is arrested she can get complications in jail. Hence protection shall be granted to her. In support of the application she has filed all the documents

like “Jacha Bacha Card†in which the date of delivery is 29.06.2021. Under these circumstances, learned counsel prays for grant of bail to the

applicant.

Learned panel lawyer for the respondent/State opposes the bail application.

Looking to the facts and circumstances, without commenting on the merit of the case, the application is allowed. It is directed that in the event of

arrest of the applicant in connection with the aforesaid crime number, she shall be released on bail upon her furnishing personal bond in the sum of

Rs.40,000/- (Rupees Forty Thousand) with one surety in the like amount to the satisfaction of the arresting officer. This order shall be governed by the

following conditions:

(a) the applicant shall co-operate with the investigation and make herself available for interrogation by a police officer as and when required;

(b) she shall not directly or indirectly make any 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 any police officer;

(c) If the applicant is found involved in any criminal case of the same nature during this bail period, this order granting the benefit of anticipatory bail

shall be liable to be cancelled;

(d) she shall not leave the territory of India without the prior permission of the Court.

Certified copy as per rules.