Madhya Pradesh High Court
Smt.Lakshmibai Valmik vs The State Of Madhya Pradesh on 17 June, 2014
1
Smt. Lakshmibai Valmik Vs. State of M.P.
M.Cr.C.No . 4503/2014
17/06/2014
Shri, Dhirendra Singh, Advocate for the applicant.
Shri, Mukund Bharadwaj, Govt Advocate for the
respondent/State.
Case Diary is perused.
Learned counsel for the rival parties are heard. Applicant apprehends arrest in connection with offences punishable u/Ss. 304-A of IPC and section 9 (Kha) of Explosive Act registered as Crime No. 146/2014 at Police Station University, District Gwalior.
Learned Government Advocate for the State opposed the application and prayed for its rejection by contending that on the basis of the allegations and the material available on record, no case for grant of anticipatory bail is made out.
Applicant apprehends arrest in respect of aforesaid offences, who is sweeper in the Mercy Home where persons who are mentally retarded are living and it is stated that country made explosive was kept in the house of the applicant which was eaten by one mentally retarded person, which led to his death and the factum of applicant having intention to keep the bomb at the relevant place is yet to be established and the possibility of somebody planted the said bomb was also not established and the applicant is a woman aged 50 years has no criminal antecedent, this Court, without expressing any opinion on merits of the case, is inclined to extend the benefit of bail to the applicants.
Accordingly, bail application u/S 438 Cr.P.C is allowed in the following terms.
2Smt. Lakshmibai Valmik Vs. State of M.P. M.Cr.C.No . 4503/2014 It is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond of Rs. 50,000/-(Rupees Fifty Thousand only) with two solvent sureties of the like amount to the satisfaction of Arresting Authority.
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 cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant shall not commit an offence similar to the offence of which she is accused;
5. The applicant will not seek unnecessary adjournments during the trial; and
6. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be.
A copy of this order be sent to the Court concerned for compliance.
C.c. as per rules.
(Sheel Nagu) Judge Durgekar*