Madhya Pradesh High Court
Smt. Mamta Shukla vs The State Of Madhya Pradesh on 21 September, 2021
Author: Satyendra Kumar Singh
Bench: Satyendra Kumar Singh
1 MCRC-42004-2021
The High Court Of Madhya Pradesh
MCRC-42004-2021
(SMT. MAMTA SHUKLA Vs THE STATE OF MADHYA PRADESH)
Jabalpur, Dated : 21-09-2021
Heard through Video Conferencing.
Shri Pushpendra Kumar Dubey, learned counsel for the applicant.
Shri Akhilendra Singh, learned Government Advocate for the
respondent/State.
Case diary is available with the learned Government Advocate.
With the consent of learned counsel for the parties, the matter is heard finally.
This is first application filed under section 438 of the Cr. P. C. for grant of anticipatory bail to the applicant, who is apprehending her arrest in connection with Crime No.147/2021, registered at Police Station Naigadhi, District Rewa for commission of offences punishable under Sections 294, 323, 324, 326 and 506 of IPC.
Prosecution story in brief is that the applicant along with other 2 co- accused persons in furtherance of their common intention to cause injuries to the complainant and his family members abused and threatened them and assaulted complainant's son Sujal Shukla with sharp edged weapon stick and Tangi.
Learned counsel for the applicant submitted that the applicant and complainant both are family members and on the date of incident due to some land dispute quarrel took place them, in which both the parties assaulted each other and applicant herself sustained grievous injuries. A counter case bearing crime No.179/2021 for offence punishable under sections 324, 325/34 of IPC has also been registered against the complainant and others on the complaint of the applicant. Applicant did not assaulted and caused injury to the injured Sujal. She has been falsely implicated in the matter. Her custodial interrogation is not required in the matter. She is aged about 47 years Signature Not SAN Verified therefore, she be released on anticipatory bail.
Digitally signed by MRS RASHMI CHIKANE PASWAN Date: 2021.09.23 10:53:03 IST2 MCRC-42004-2021 Learned Government Advocate for the respondent/State opposed the bail application and submitted that applicant along with other co-accused persons have assaulted the injured and caused injuries on his vital parts of the body, therefore, she be not released on anticipatory bail.
Having considered rival submissions of both the parties and after going through the case diary, in view of this Court applicant deserves to be enlarged on anticipatory bail as none of the injuries found on the body of Sujal Shukla alleged to be caused by the applicant. Hence, without expressing any opinion on merits of the matter, this application is allowed.
It is directed that in the event of arrest of the applicant she shall be enlarged on anticipatory bail upon her furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand Only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for her appearance before the Investigation Officer and the trial Court on all dates and for complying with the conditions enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.
This M. Cr. C. stands disposed of.
Certified copy as per rules.
(SATYENDRA KUMAR SINGH)
JUDGE
RC
Signature
SAN Not
Verified
Digitally signed by
MRS RASHMI
CHIKANE PASWAN
Date: 2021.09.23
10:53:03 IST