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Madhya Pradesh High Court

Sudama vs The State Of Madhya Pradesh on 22 July, 2021

Author: Anjuli Palo

Bench: Anjuli Palo

1 MCRC-33959-2021 The High Court Of Madhya Pradesh MCRC-33959-2021 (SUDAMA Vs THE STATE OF MADHYA PRADESH) Jabalpur, Dated : 22-07-2021 Heard through Video Conferencing.

Ms. Gayatri Ladhia, counsel for the applicant. Ms. Ranjana Agnihotri, GA for the State.

Case diary is available.

This is the first application filed by the applicant under Section 438 of the Cr.P.C. seeking anticipatory bail.

The applicant is apprehending his arrest in connection with Crime No.341/2021 registered at Police Station Pathariya, District Damoh for the offences punishable under Sections 498-A, 306/34 of the IPC Learned counsel for the applicant submits that the applicant is innocent, he has been falsely implicated in the case. The applicant is the father-in-law of the deceased. He was residing separately from the deceased since last 8 years. Similarly placed co-accused Kali Bai, who is mother-in-law of deceased, has been enlarged on anticipatory bail by this Court vide order dated 6.7.2021 passed in M.Cr.C. No. 32905/2021 and case of the present applicant is similar to her. The applicant is ready t o cooperate in the investigation and trial. In view of the aforesaid, prayer is made to enlarge the applicant on anticipatory bail on the ground of parity.

Learned Panel Lawyer has opposed the prayer for anticipatory bail.

Considering the overall facts and circumstances of the case and the fact that co-accused Kali Bai has already been enlarged on anticipatory bail by this Court and case of the present applicant is similar to her, I d e e m it appropriate to enlarge the applicant on anticipatory bail, 2 MCRC-33959-2021 therefore, without commenting on the merit of the case, the application is allowed.

It is directed that in the event of arrest, applicant Sudama shall be enlarged on bail on his furnishing a personal bond in a sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one surety in the like amount to the satisfaction of the arresting officer for his appearance before him during the course of investigation or before the trial Court during trial, as the case may be.

It is further directed that the applicant shall abide by all the conditions as enumerated under Section 438(2) of the Cr.P.C.

(SMT. ANJULI PALO) JUDGE PB Digitally signed by PRADYUMNA BARVE Date: 2021.07.22 18:06:29 +05'30'