The main legal point established in the judgment is the grant of anticipatory bail under Section 438 of Cr.P.C., balancing the apprehension of arrest with specific conditions to ensure the applicant's compliance.

JUDGMENT

Gurpal Singh ahluwalia, J. - Case diary is available.

This first application under Section 438 of Cr.P.C. has been filed for grant of anticipatory bail.

The applicant apprehends her arrest in connection with Crime No.117/2022 registered at Police Station Sirol, District Gwalior for offence under Sections 406, 506 and 34 of IPC.

It is submitted by the counsel for the applicant that according to the prosecution case, the complainant had given Rs.3,00,000/- to the husband of the applicant for procuring a job in Municipal Corporation, Gwalior. Later on she found that neither any vacancy has been declared nor any applicant form has been submitted. It is alleged that when the complainant demanded her money back, then the applicant and her husband as well as their child threatened that in case if money is demanded, then she would be killed. It is submitted that there is no allegation that the applicant in any manner are an instrumental in giving any false assurance or taking money from the complainant. The only allegation is that when she came to house of the applicant, then she had also threatened her. She is ready and willing to abide by any stringent condition, which may be imposed by this Court. The Trial is likely to take sufficiently long time and there is no possibility of her absconding or tampering with prosecution witnesses.

Per contra, the application is vehemently opposed by the Counsel for the State.

Considering the submissions made by the counsel for the applicant and without commenting on the merits of the case, the application is allowed subject to condition that if the applicant appears before the Investigating Officer (arresting Officer) on or before 17/05/2022 she shall be released on bail on her furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac) with one surety in the like amount to the satisfaction of the arresting Officer (Investigating Officer).

The applicant shall make herself available for interrogation by the Investigating Officer as and when required. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr. P. C.

It is made clear that in case if the applicant fails to appear before the Investigating Officer (arresting authority) on or before 17/05/2022 then this order shall lose its effect and the Investigating Officer shall be at liberty to take her in custody.

In the light of the judgment passed by the Supreme Court in the case of aparna Bhat & Ors. vs. State of M.P. passed on 18/3/2021 in Criminal appeal No.329/2021, the intimation regarding grant of bail be sent to the complainant.

Certified copy as per rules.