The court's decision to grant anticipatory bail was based on the lack of necessity for custodial interrogation and the applicants' willingness to cooperate, in accordance with the provisions of Section 438 of the Criminal Procedure Code, 1973.

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 Investigating Officer of the case.

Counsel has further submitted that the applicants are ready to abide by all the conditions, as may be imposed by this Court. Thus, it is submitted that the applicants be released on anticipatory bail.

Counsel for the respondent / State, on the other hand, has opposed the prayer.

Counsel for the objector has also opposed the prayer.

On due consideration of the rival submissions and perusal of the case diary, this Court finds force with the contentions raised by the counsel for the applicants, and in view of the aforesaid facts and circumstances of the case, in the considered opinion of this Court, the custodial interrogation of the applicants is not necessary.

Accordingly, this application is allowed. It is directed that in the event of arrest, applicant No.1 Sagar Bi w/o Shri Sikander Ji Patel (Nayta) and applicant No.2 Hamida Bi w/o Shri Hatam Ji Patel (Nayta) shall be released on bail, upon each of them executing a personal bond in the sum of Rs.25,000/- (rupees twenty five thousand only) and furnishing solvent surety in the like amount to the satisfaction of the arresting Officer (Investigating Officer).

The applicants shall make themselves available for interrogation by a Police Officer, as and when required. They shall further abide by the other conditions enumerated in Sub Section (2) of Section 438 of the Code of Criminal Procedure, 1973.

It is also observed that after their release on bail, if any of the applicants is found in any criminal activities, the present bail order shall stand automatically cancelled without further reference to this Court; and the State / prosecution will be free to arrest the accused in the present case also.

Accordingly, Miscellaneous Criminal Case No.6318/2022 stands allowed.

Certified copy as per rules.