Madhya Pradesh High Court
Smt.Rajiya Bee @ Ramkanya vs The State Of Madhya Pradesh on 8 June, 2017
1 M.Cr.C. No.5908/2017 08/06/2017
:-
Shri R.R. Bhatnagar, learned counsel for the applicant.
Shri Abhishek Soni, learned Deputy Government Advocate for the non-applicant/State.
Heard with the aid of case diary.
This is the first anticipatory bail application under Section 438 of Cr.P.C. of applicant apprehending her arrest in connection with Crime No.169/2017 registered at Police Station-Sitamau, District-Mandsaur for the offences punishable under Sections 307, 147, 148 of IPC.
2. Learned counsel for the applicant submits that applicant has not committed any offence and she has been falsely implicated in the offence, hence prayed for release of the applicant on anticipatory bail.
3. In reply the learned counsel for the non-applicant/State has opposed the grant of anticipatory bail.
4. According to the prosecution case, on 17/05/2017 at about 08.30 AM a drive of cleaning/digging the pond/tank of the village was going-on, Devendra Singh and Mahipal were excavating the soil. The complainant with some other persons like Mangesh, Jitendra, Nilesh etc. were watching/supervising the work, suddenly applicants with some other co-accused persons came there. They were armed with lathis, iron rods etc. and opposed the excavation of soil and assaulted the complainant and other persons present there. Co-accused/Ajad and Firoz struck Mangesh and Jitendra by iron rods. The complainant also sustained injuries. They were referred to the 2 M.Cr.C. No.5908/2017 Hospital. Injuries like contusion caused by hard and blunt object were found and they were referred for X-ray examination. X-ray reports are not available in the dairy.
5. After hearing the learned counsel for the parties, considering nature of incident, injuries caused to the complainant, other witnesses and the part played by the present applicant and also other facts and circumstances of the present case, without commenting on merits, at this stage, I find it to be a fit case for grant of anticipatory bail to the applicant.
6. Accordingly, the bail application is allowed and it is directed that in the event of the applicant's arrest in connection with Crime No.169/2017, she be released on bail on furnishing a bail bond of Rs.25,000/- (Rupees Twenty Five Thousand Only) with one surety in the like amount to the satisfaction of the Arresting Officer concerned. She would abide by the conditions mentioned in Section 438 (2) Cr.P.C.
7. This order shall remain in operation till 30 days from today.
Certified copy as per rules.
(Virender Singh) Vacation Judge Aiyer*