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2022 Supreme(MP) 1218

IN THE HIGH COURT OF MADHYA PRADESH BENCH AT INDORE
Rajendra Kumar Verma, J.
Gulbala – Appellant
Versus
State of Madhya Pradesh – Respondent
Miscellaneous Criminal Case No. 60912 of 2022
Decided On : 26-12-2022

Advocates Appeared:
Omprakash Solanki, Advocate, Mamta Shandilya, Advocate
Final Result : Allowed

Headnote:(A) Criminal Procedure Code, 1973 - Section 438 - Anticipatory bail - application filed to secure anticipatory bail for the applicant apprehending arrest in a case under Sections 147, 294, and 307 of IPC - Allegations involve causing injury to the complainant during an incident. (Paras 2 and 3)

(B) Grounds for Bail - The applicant claimed false implication, lack of criminal antecedents, and readiness to cooperate with the investigation; argued against custodial requirements. (Paras 4 and 6)

Facts of the case:
The applicant, a government employee, faces charges of serious offenses alongside co-accused. Opposition from the State was noted but the applicant's lack of flight risk was emphasized.

Findings of Court:
The application for anticipatory bail was allowed without opinion on the merits of the case.

Issues: The primary issue concerned the justification for anticipatory bail in light of the charges against the applicant.

Ratio Decidendi: The court emphasized the necessity of evaluating the circumstances around the applicant's situation, noting no custodial need and the applicant's willingness to cooperate with authorities.

Result: Application for anticipatory bail allowed.

Table of Content
1. application for anticipatory bail based on alleged offenses. (Para 1 , 2 , 3)
2. arguments for and against granting anticipatory bail. (Para 4 , 5)
3. court's decision based on facts and circumstances. (Para 6)
4. conditions for granting anticipatory bail. (Para 7)

JUDGMENT

Rajendra Kumar (Verma), J. - This is first application under Section 438 of CRIMINAL PROCEDURE CODE , 1973, filed by the applicant for grant of anticipatory bail during trial.

2. T h e applicant is apprehending his arrest in connection with Crime No.693/2022 registered at Police Station Ranapur, District- Jhabua, for offence under Sections 147 , 294, 307 of IPC, 1860.

3. As per the prosecution Story, allegation against the applicant is that she alongwith other co-accused persons committed the offence and caused injury to the complainant, hence, the case was registered against the applicant and other co-accused persons.

4. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present crime. The applicant has no criminal antecedents. It is further submitted that the applicant is lady and in Govt. Services and in case of her arrest, she will face the consequences. It is further submitted that There is no custodial requirement of the applicant. There is no likelihood of her absconding or tampering with the prosecution evidence. The applicant is ready to co-operate with the investigation. On the aforesaid grounds, the applicant may be enlarged on anticipatory bail.

5. Learned counsel for the State has opposed the application and prayed for its rejection.

6. Looking to the facts and circumstances of the case and on perusal of the material available on record including the case diary, without expressing any opinion on the merits of the case, this application is allowed.

7. It is directed that in the event of her arrest, the applicant be released on anticipatory bail on his 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 with the following conditions:-

    (i) that she shall make himself available for interrogation by a police officer as and when required.

    ( ii) that she shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer.

    (iii) that she would comply with the conditions enumerated under Section 437(3) of the Code of Criminal Procedure, 1973, meticulously.

Certified copy, as per Rules.

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