Madhya Pradesh High Court
Mahila Gomabai vs The State Of Madhya Pradesh on 21 August, 2014
M.Cr.C. No. 6264/ 2 0 1 4
Mahila Goma Bai & ors. Vs. State of M.P.
21/08/2014
Shri A. Dwivedi, Advocate for the applicants.
Shri M. Bhardwaj, PP for the respondent/State.
Heard.
Perused the case diary.
This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail.
The applicant is apprehending his arrest in connection with Crime No. 322/14 registered at P.S. Pichhore, District Shivpuri for the offence punishable under sections 307, 147,148,149, 294, 506B of IPC.
As per prosecution case, the marriage of the complainant's daughter was scheduled for 25.06.2014 at about 10:30 Mitthan and others gave beatings to the son of the complainant and Rajabeti. When the complainant reached the house after lodging the report, Mitthan and others came and started abusing, thereafter Balla who was armed with axe and Mitthan armed with lath came there and started beating. An axe blow was given on the head of the complainant. When Kailash, Morari, Pritam,Vinod and Seema came to save, they were also beaten. Ramcharan , his son and Rajkumari gave filthy abuses.
It is submitted by the learned counsel for the applicants that the applicants have not committed any offence and there is no allegation against them of causing injury, and there is no likely M.Cr.C. No. 6264/ 2 0 1 4 hood of their absconding, hence prayer for anticipatory bail is made.
Learned counsel for the State opposes the application. Case diary is perused. In the FIR there is no allegation of giving any beatings by the applicants . In the statement of some of the witnesses, they have stated that Goma Bai and Rajkumari Bai gave beating by means of kicks and fists. On due consideration of allegation against the applicants coupled with the fact that applicants are woman, there is no likelihood of their absconding , I am of the view that it is a fit case to release the applicants on anticipatory bail. Therefore, without commenting on the merits of the case, this application is allowed and it is directed that in the event of arrest, the applicants shall be enlarged on bail on their furnishing a personal bond in the sum of Rs. 50,000/- (Rs. Fifty Thousand Only) with a surety bond in the like amount in case of each of the applicant to the satisfaction of Arresting officer/competent Court. The applicants shall make himself available for interrogation by a police officer as and when required and he will co-operate in the investigation. They shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
C.C. as per rules.
(D.K.Paliwal) Judge M.Cr.C. No. 6264/ 2 0 1 4 neetu