High CourtsSingle Bench

Sushma vs State Of Madhya Pradesh

Madhya Pradesh High Court · Decided on 26 December 2022 · Citation: (2022) 12 MP CK 0149

HON’BLE JUDGES
Nandita Dubey, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1973 — Section 438 · Indian Penal Code, 1860 — Section 34, 294, 323, 324, 326, 341, 506
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Case No.61200 Of 2022
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Judgment

14 paragraphs · 374 words

Nandita Dubey, J

This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail to the present applicant.

T h e applicant apprehends her arrest in connection with Crime No.665/2022 registered at Police Station Pathariya, District Damoh for the offences punishable under Sections 341, 324, 323, 294, 326, and 506/34 of IPC.

As per prosecution a complaint was lodged by the complainant that while he was returning on his motorcycle at about 09.30 pm on 27.11.2022, one Mahendra Jain and Rahul Jain stopped him on the way and assaulted him with rod. It is stated that the present applicant kicked him.

Learned counsel for the State has pointed out that the complainant has received injuries on hand and head, however, as per FIR it has been caused by iron rod which has been used by the co-accused Mahendra Jain, Rahul Jain and Aman Jain. There is no allegation on the present applicant of using iron rod or any stick.

Considering the aforesaid, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Officer.

This order will remain operative subject to compliance of the following conditions by the applicant:-

1.

The applicant will comply with all the terms and conditions of the bond executed by her;

2 . The applicant will make herself available as and when called for interrogation and 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;

4.

The applicant will not seek unnecessary adjournments during trial;

5.

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

6.

If the applicant commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.

Certified copy as per rules.