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2022 Supreme(MP) 1591

SUBODH ABHYANKAR
Sagar Bi W/o Shri Sikander Ji Patel (Nayta) Hamida Bi W/o Shri Hatam Ji Patel (Nayta) – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Yogesh Kumar Gupta, Advocate, Sameer Verma, Advocate, Harshvarshan Pathak, Advocate
Final Result : Allowed

JUDGMENT

Subodh abhyankar, J. - This is the applicants' first application under Section 438 of Criminal Procedure Code, 1973 for grant of anticipatory bail, as the present applicants are apprehending their arrest in connection with Crime Crime No.141/2021 registered at Police Station Chandrawatiganj, Indore District Indore (MP) for offence punishable under Sections 323, 294, 506, 34 and 326 of the Indian Penal Code, 1860.

The allegation against the applicants is that they were also involved in the aforesaid case wherein Shakir, ahmad Noor and Babita were assaulted by the applicant's party causing grievous hurt to them, out of which Shakir has suffered live threatening injuries.

Counsel for the applicants has submitted that even according to the case of the prosecution, both the applicants had reached the spot after the incident was already over and only because they happen to be the family members of the main accused persons, they have been falsely implicated in the case.

It is further submitted that both applicants are women and their custodial interrogation in such circumstances would not be necessary.

It is further submitted that the applicants are ready to cooperate with the Investi

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