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2014 Supreme(MP) 1457
MADHYA PRADESH HIGH COURT AT GWALIOR BENCH
Sushil Kumar Gupta, J.
Munni @ Rajshri - Appellant
Versus
State of Madhya Pradesh - Respondent
M.Cr.C.No.9822-2014
Decided On : 29-10-2014
For the Petitioner:Shri B.K. Saxena, Sr. Advocate alongwith Shri Aditya Singh, Advocate.
For the Respondent: Shri G.S. Chauhan, PL.
The court's decision was influenced by the absence of likelihood of the applicant absconding, allowing the anticipatory bail application under Section 438 of Cr.P.C.
Headnote:
Anticipatory Bail - Offences under Sections 498-A, 506-B, and 294 of IPC - The court allowed the anticipatory bail application, directing the applicant to furnish a personal bond and cooperate in the investigation.
Fact of the Case:
The applicant filed a bail application under Section 438 of Cr.P.C. apprehending arrest for offences under Sections 498-A, 506-B, and 294 of IPC. The prosecution alleged that the applicant exhorted the family of the victim to beat her.
Finding of the Court:
The court allowed the application, noting that there was no likelihood of the applicant absconding. The applicant was directed to furnish a personal bond, cooperate in the investigation, and make herself available for interrogation.
Issues: First bail application under Section 438 of Cr.P.C. for grant of anticipatory bail, likelihood of absconsion of the applicant, and opposition by the Panel Lawyer.
Ratio Decidendi: The court considered the facts and circumstances of the case, finding no likelihood of the applicant absconding, and allowed the anticipatory bail application without expressing any view on the merits of the case.
Final Decision: The application was allowed, and the applicant was directed to furnish a personal bond, cooperate in the investigation, and make herself available for interrogation. The order remained operative for sixty days, during which the applicant was free to move the regular bail application before the concerned Court.
The case is listed today for admission.
Heard on the bail application.
Case diary is available.
2. This is first bail application filed by the applicant under Section 438 of Cr.P.C. for grant of anticipatory bail. The applicant is apprehending her arrest in connection with Crime No.145/2014 registered at Police Station Mahila Thana Padav, District Gwalior for the offences punishable under Sections 498-A, 506-B and 294 of IPC.
3. As per the prosecution case, marriage of the Geeta was solemnized with Rohit Jatav. After marriage, it is alleged that applicant exhorted the family of Geeta to beat her.
4. Learned counsel for the applicant submits that applicant has not committed any offence. She has falsely been implicated in the case. There is no likelihood of absconsion of applicant. In such premises, prayed for anticipatory bail.
5. The prayer is opposed by learned Panel Lawyer. Considering the facts and circumstances of the case and there is no likelihood of absconsion of the applicant, but without expressing any view on the merits of the case, this application is allowed and it is directed that in the event of arrest, applicant shall be enlarged on bail on her furnishing a personal bond in the sum of Rs.25,000/- (Rs. Twenty Five Thousand Only) with a surety bond in the like amount to the satisfaction of Arresting officer/competent Court. The applicant shall make herself available for interrogation by a police officer as and when required and she will co-operate in the investigation. She shallfurther abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C.
6. This order shall remain operative for a period of sixty days and during this period the applicant is free to move the regular bail application before the concerned Court.
C.C. as per rules.
