IN THE HIGH COURT OF MADHYA PRADESH
Nandita Dubey, J.
Sushma – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 61200 of 2022
Decided On : 26-12-2022
Anticipatory Bail - Assault - The court granted anticipatory bail to the applicant who was apprehending arrest in connection with a case involving assault. The court considered the allegations and the lack of specific accusation against the applicant in using a weapon, and granted bail with certain conditions.
Fact of the Case:
The applicant sought anticipatory bail in connection with a case involving assault under various sections of the IPC. The complainant alleged that the applicant kicked him during an incident where he was assaulted with a rod by other individuals.
Finding of the Court:
The court allowed the application for anticipatory bail and directed the release of the applicant on bail upon furnishing a personal bond and surety. The court also imposed specific conditions to be complied with by the applicant.
Issues: The main issue was the apprehension of arrest by the applicant in connection with the assault case and the request for anticipatory bail.
Ratio Decidendi: The court considered the specific allegations against the applicant and the lack of accusation regarding the use of a weapon, which influenced the decision to grant anticipatory bail.
Final Decision: The court granted anticipatory bail to the applicant with certain conditions to be complied with, subject to the satisfaction of the Arresting Officer.
JUDGMENT
Nandita Dubey, J. - This is an application under Section 438 of Cr.P.C. for grant of anticipatory bail to the present applicant.
2. T h e applicant apprehends her arrest in connection with Crime No.665/2022 registered at Police Station Pathariya, District Damoh for the offences punishable under Sections 341, 324, 323, 294, 326, and 506/34 of IPC.
3. As per prosecution a complaint was lodged by the complainant that while he was returning on his motorcycle at about 09.30 pm on 27.11.2022, one Mahendra Jain and Rahul Jain stopped him on the way and assaulted him with rod. It is stated that the present applicant kicked him.
4. Learned counsel for the State has pointed out that the complainant has received injuries on hand and head, however, as per FIR it has been caused by iron rod which has been used by the co-accused Mahendra Jain, Rahul Jain and Aman Jain. There is no allegation on the present applicant of using iron rod or any stick.
5. Considering the aforesaid, this application is allowed. It is directed that in the event of arrest, applicant shall be released on bail on her furnishing a personal bond in the sum of Rs.50,000/- (Rs. Fifty thousand only) with a solvent surety in the like amount to the satisfaction of Arresting Officer.
6. This order will remain operative subject to compliance of the following conditions by the applicant:-
1. The applicant will comply with all the terms and conditions of the bond executed by her;
2 . The applicant will make herself available as and when called for interrogation and cooperate in the investigation/trial, as the case may be;
3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be;
4. The applicant will not seek unnecessary adjournments during trial;
5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and
6. If the applicant commit any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court.
Certified copy as per rules.
The court's decision to grant anticipatory bail was influenced by the specific allegations against the applicant and the absence of accusation regarding the use of a weapon in the assault case.
The court's decision to grant anticipatory bail was influenced by the absence of misuse of bail, the undertaking of the applicant, and the specific conditions imposed for the grant of anticipatory ba....
The court may grant anticipatory bail based on the nature of allegations and the circumstances of the case, including the status of co-accused.
Granting of anticipatory bail based on lack of criminal past and willingness to cooperate in the investigation and trial.
The court considered the absence of any overt act attributed to the applicant by the injured complainant as a key factor in granting anticipatory bail under section 438 of the Cr.P.C.
Grant of anticipatory bail under Section 438 Cr.P.C. based on the facts and circumstances of the case and the arguments advanced at the bar.
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