Zahida Bano And Shafiqa vs State Of Madhya Pradesh

For the reasons mentioned in the said application, I.A.No.7484/2019 is allowed and counsel for the complainant is permitted to assist the Public Prosecutor for the State.

Case diary is available.

The applicants have filed this first bail application under section 438 of Cr.P.C. for grant of anticipatory bail.

The applicants apprehend their arrest in connection with Crime No.448/2019 registered at Police Station Bahodapur, District Gwalior in relation to the offence punishable under Sections 302, 34 and 201 of IPC.

Learned counsel for the applicants submits that the applicant No.1 Zahida Bano is aged 55 years and the applicant No.2 Shafiqa, who is wife of accused Salman Khan, is aged 20 years. They have not committed any offence and they have been falsely implicated in the matter. It is further submitted that the main accused persons of the present case are already in custody. The applicant No.2 is pregnant lady and her date of delivery is 12.10.2019. There is no role of the applicants in committing the offence. The applicants have been falsely implicated on the basis of memorandum of co-accused under Section 27 of the Evidence Act. There is no any circumstantial evidence as well as ingredients under Section 201 of IPC against the present applicants. There is no possibility of their absconding or tampering with the prosecution evidence. Hence, counsel for the applicant prays for grant of anticipatory bail to the applicants.

Learned Panel Lawyer for the State as well as counsel for the complainant opposed the application on the ground that the investigation is pending and challan has not been filed. There is allegation against the applicants. Hence, they prayed prayed for its rejection.

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

Looking to the facts and circumstances of the case and the fact that offence is registered under Section 302 of IPC, it is not appropriate to grant the benefit of anticipatory bail to the applicants at this stage. Consequently, the bail application under Section 438 of Cr.P.C. is rejected.

Let copy of this order be given to the learned Panel Lawyer with a direction to keep the same in the concerned case diary.