IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE ANIL VERMA st ON THE 1 OF APRIL, 2023 MISC. CRIMINAL CASE No. 13894 of 2023 BETWEEN:-

1. NEHA W/O SHRI DHARMENDRA PANWAR D/O SHRI JIVANSINGH CHANDEL, AGED ABOUT 21 YEARS, OCCUPATION: HOUSEWIFE, R/O: VILLAGE ANANDPUR DUNGARIYA, DISTT. DEWAS (MADHYA PRADESH)

2. KHUSHI W/O SHRI GOKUL SONGARA, AGED ABOUT 18 YEARS, OCCUPATION: STUDENT, R/O: BRAHMANKHEDI, DIST. DEWAS (MADHYA PRADESH)

.....APPLICANT (BY SHRI GOURAV SHRIVASTAVA - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION BANK NOTE PRESS, DISTRICT DEWAS (MADHYA PRADESH)

.....RESPONDENT (BY SHRI PRASHANT JAIN - GOVERNMENT ADVOCATE)

This application coming on for hearing this day, the court passed the following:

ORDER

This is the first anticipatory bail application filed under Section 438 of the Code of Criminal Procedure, 1973. The applicants are apprehending their arrest in connection with Crime No.174/2023 registered at P.S. B.N.P. District Dewas (M.P.) for commission of offence punishable under Section 323, 294, 506 and

326/34 of the Indian Penal Code of 1860.

Signature Not Verified Signed by: ANUSHREE As per the prosecution story, on 10.03.2023, when complainant Rahul and his brother Mahesh and Ramchandra were going to their agriculture field and reached near to land of Jeevan Singh Chandel, there Jeevan Singh, his wife Santosh bai and his daughters applicant No.1 Neha and and applicant No.2 Khushi restrained the complainant and his brothers from entering into the fields of accused and they started abusing them in filthy language. Thereafter, co- accused Jeevansingh hit Mahesh with a baseball bat, due to which Mahesh sustained injuries upon his head. Other co-accused Murari, Ramswaroop, Jitendra and Umrao Singh also started assaulting upon the complainant Rahul and his brothers. Accordingly, offence has been registered.

Learned counsel for the applicants submits that the applicants are innocent persons and they have been falsely implicated in this matter. They are young girls aged about 18 and 21 years of age. They have not actively participated in this offence and have not caused any injury to injured person. Nothing has been recovered from their possession. Applicants have no criminal antecedent. They are permanent resident of District Dewas. Final conclusion of trial will take considerable long time. Hence, he prays that both the applicants be released on anticipatory bail.

Per-contra, learned counsel for respondent/State opposes the bail application and prays for its rejection.

Perused the case diary as well as the impugned order passed by the court below.

Considering all the facts and circumstances of the case, arguments advanced by both the parties, nature and gravity of allegation and also taking note of the fact that allegation levelled against the present applicants is only that they abused the complainant and his brothers; they have not actively Signature Not Verified Signed by: ANUSHREE participated in the offence; nothing has been recovered from their possession; they have no criminal past; they are the young girls of 18 and 21 years of age and final conclusion of trial will take long sufficient time, I deem it proper to release the applicants on anticipatory bail.

Accordingly, without commenting on the merits of the case, the application is allowed. It is directed that in the event of applicants' arrest, the applicants be released on anticipatory bail upon their furnishing a personal bond in the sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) each with separate solvent surety of the like amount to the satisfaction of the Arresting Officer for their appearance before the Investigating officer during the course of investigation as and when directed. Conditions of section 438(2) CRPC shall also apply on the applicants during currency of bail.

Certified copy as per rules.

(ANIL VERMA)

JUDGE Anushree Signature Not Verified Signed by: ANUSHREE