Madhya Pradesh High Court
Tejubai vs The State Of Madhya Pradesh on 3 May, 2016
-1-
M.Cr.C.No.4086/2016
03/05/2016
Parties through their counsel.
This is the first application filed under section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is a lady and she is apprehending her arrest in connection with Crime No. 183/16 registered by Police Station- Khachrod, District-Ujjain for the alleged offence punishable under Section 147, 148, 149, 307, 323, 294 and 506 of IPC.
It has been argued by the learned Counsel for the applicant is that a fight took place between two families and a criminal case has been registered against the other party earlier for offences under Section 307 of IPC. It has been stated that there is no allegation against Teju Bai and the allegation is that she was having stones in her hands. It has been stated that the main allegations are in respect of Bharat who has caused injury with sword.
Learned Government Advocate has read out the statements available in the case diary and her contention is that question of grant of bail does not arise.
Heard learned Counsel for the parties and perused the record. On considering the above submissions, material available in the case diary without expressing any opinion on merits of the case, I am of the considered view that it is a fit case to allow the application for grant of anticipatory bail. Therefore, this application is allowed and it is directed that in the event of arrest of applicant by the arresting officer, she shall be released on bail subject to her furnishing a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lakh Only) with one surety of like amount to the satisfaction of the -2- Arresting Officer, subject to abiding the conditions enumerated under Section 438(2) of Cr.P.C. This Order shall be valied for a period of thirty days, from today. In the meanwhile, the applicant may apply for regular bail within the aforesaid period of thirty days before the competent Court.
Certified copy as per rules.
(S. C. Sharma) Judge karuna