ORDER

1. This is the first application filed under section 439 of the Code of Criminal Procedure seeking for bail on behalf of the applicant relating to R.C.T No.616 of 2022 in the Court of Chief Judicial Magistrate, Panna for the offence under sections 193 and 195 of the IPC.

2. The case of the applicant is that she lodged a complaint against the accused for offence punishable under section 376 (2) of the IPC. The same was registered at Police Station - Ajaygarh District Panna in Crime No.29 of 2022. The investigation was taken up. The charge-sheet was filed. During the course of trial, the complainant did not support the prosecution version. She was treated to be hostile. As a consequence whereof, while acquitting the accused, the trial Court directed initiation of proceedings under section 340 of the Cr.P.C. against the applicant herein on the application being filed by the Assistant Prosecution Officer. Thereafter by the order dated 25.5.2022, a warrant of arrest has been issued against the applicant. She was arrested on 20.1.2023. The application for bail before the Sessions Court was rejected on 24.1.2023 in B.A.No.25 of 2023. Therefore, the instant application is filed.

3. Learned counsel for the applicant contends that the applicant is not required by the respondent for prosecution and she is unnecessarily being harassed by the respondent.

4. The same is disputed by the Government Advocate. He submits that a prima facie case exists which does not entail the applicant to be released on bail.

5. On hearing learned counsels, we are of the view that appropriate interference is called for. The question of issuance of warrant of arrest against the applicant, in our considered view, may not be appropriate. The proceedings have already been initiated against the applicant for offence punishable under sections 193 and 195 of the IPC. Therefore, she has to face the trial. We do not find any reason as to why she has been taken into custody for the said purpose. She can always be summoned for purposes of investigation as and when required by the prosecution.

6. Hence, for all these reasons, the application is allowed and applicant Smt. Arti Kushwaha is directed to be enlarged on bail on she furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety in the like amount to the satisfaction of the trial Court for her regular appearance during the trial in the aforesaid case.

7. The applicant shall also comply with the conditions enumerated under section 437 (3) of the Code of Criminal Procedure meticulously.

8. The bail application stands disposed off accordingly.