Madhya Pradesh High Court
Smt. Bato Alias Batto Bai vs The State Of Madhya Pradesh on 25 January, 2022
Author: Rajeev Kumar Shrivastava
Bench: Rajeev Kumar Shrivastava
1
The High Court Of Madhya Pradesh
MCRC No. 1834 of 2022
(SMT. BATO ALIAS BATTO BAI Vs THE STATE OF MADHYA PRADESH)
Gwalior, Dated:-25/01/2022
Heard through Video Conferencing.
Shri Anand Purohit, learned counsel for the applicant.
Ms. Upendri Singh, learned Panel Lawyer for the
respondent/State.
This is first application under Section 439 of CrPC for grant of bail.
The applicant has been arrested on 16/12/2021 in connection with Crime No.149/2014 registered at Police Station Gohad, District Bhind (M.P.) for offence under Sections 420, 467, 468, 120-B, 34 of IPC.
It is submitted by learned counsel for applicant- Smt. Bato @ Batto Bai that the applicant is aged around 50 years and she is innocent. She has not committed any offence. She has falsely been implicated in this case. As per prosecution story, the matter relates to the year 2014, thereafter the applicant has been arrested on 16/12/2021. The matter is of property dispute, by misrepresenting the facts that sale deed has been executed. Hence, learned counsel for the applicant prays for grant of bail to the applicant as trial will take long time to conclude. He further undertakes to abide by all the terms and conditions of guidance, circulars and directions issued by Central Government, State Government as well as Local Administration regarding measures in respect of COVID-19 Pandemic and maintain 2 The High Court Of Madhya Pradesh MCRC No. 1834 of 2022 (SMT. BATO ALIAS BATTO BAI Vs THE STATE OF MADHYA PRADESH) hygiene in the vicinity while keeping physical distancing.
Per contra, learned State counsel has vehemently opposed the bail application and has submitted that the offence has been committed under Sections 420, 467, 468, 120-B, 34 of IPC wherein, fraud has been committed by the present applicant by means of fabricated documents. Considering the nature and gravity of offence, learned State counsel prayed to reject the bail application.
Heard learned counsel for the rival parties and perused the materials available on record.
Considering the arguments advanced by learned counsel for the applicant, without commenting upon the merits of the case, the application is allowed and it is directed that the applicant be released on bail on her furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) with one surety in the like amount to the satisfaction of the trial Court/ Committal Court for her regular appearance before the Court on the dates given by the concerned Court.
This order will remain operative subject to compliance of the following conditions by the applicant/s :-
1. The applicant/s will comply with all the terms and conditions of the bond executed by him/her;
2. The applicant/s will cooperate in the investigation/trial, as the case may be;
3. The applicant/s will not indulge 3 The High Court Of Madhya Pradesh MCRC No. 1834 of 2022 (SMT. BATO ALIAS BATTO BAI Vs THE STATE OF MADHYA PRADESH) himself/herself/themselves in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant/s shall not commit an offence similar to the offence of which he/she is accused. In case of repetition of any offence, this bail order shall stand cancelled automatically;
5. The applicant/s will not move in the vicinity of complainant party and applicant/s will not seek unnecessary adjournments during the trial;
6. The applicant/s will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and Application stands allowed and disposed of.
E- copy of this order be sent to the trial Court concerned for compliance, if possible for the office of this Court.
Certified copy/ e-copy as per rules/directions.
(Rajeev Kumar Shrivastava) Judge Monika MONIKA SHARMA 2022.01.27 10:12:44 +05'30'