IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH ON THE 2^nd OF JUNE, 2022 MISC. CRIMINAL CASE No. 26629 of 2022 Between:-

SMT. KAVITA W/O HARISHCHANDRA YADAV , AGED ABOUT 40 YEARS, OCCUPATION: HOUSEWIFE 186, GALI NO. 18 MAYUR NAGAR MUSAKHEDI (MADHYA PRADESH)

.....APPLICANT (BY SHRI VIKAS RATHI - ADVOCATE)

AND THE STATE OF MADHYA PRADESH STATION HOUSE OFFICER THROUGH POLICE STATION AZAD NAGAR (MADHYA PRADESH)

.....RESPONDENT (BY SHRI ADITYA GARG - GOVT. ADVOCATE)

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

ORDER

With the consent, heard finally.

This is first application filed under Section 438 of Cr.P.C. for grant of anticipatory bail to the applicant, as she is apprehending her arrest in connection with Crime No.346/2022 registered at Police Station- Azad Nagar, Indore (M.P.) for offences punishable under Sections 307, 324, 294 & 34 of IPC.

Prosecution story, in brief is that on 19.05.2022 at about 12:30 PM, a dispute occurred between complainant's nephew Ayush and his neighbour Pintu Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI and Ankush Yadav. Complainant's daughter-in-law Sapna and her sister Madhu objected Pintu and Ankush then co-accused Shyamu came on the spot and assaulted Vikas with deadly weapon - sword on his head. Pintu and Ankush assaulted complainant and his nephew Ayush, daughter-in-law Sapna with wooden stick. When complainant's daughter-in-law's sister Madhu intervened, applicant assaulted her with wooden stick and caused injuries to her.

Learned counsel for the applicant submits that on the date of incident, complainant party itself was aggressor and when applicant intervened, Vikas and Suresh themselves assaulted her due to which she sustained injuries. A counter FIR bearing No.344/2022 for the offences punishable under Section 294, 323 & 506 of IPC was registered in the same Police Station Azad Nagar, Indore against the complainant party. Allegations alleged against the applicant are only that she assaulted Madhu with wooden stick. Injuries found on the body of the injured Madhu is of simple in nature. Applicant's custodial interrogation or trial is not required in the matter and the trial will take time to conclude. Therefore, in the aforesaid circumstances, applicant is entitled for grant of bail.

Learned Public Prosecutor for the non-applicant - State has opposed the application.

Having considered the rival submissions, material produced on record against the applicant and the fact that counter FIR has also been lodged against the complainant party and also considering overall material produced on record, without expressing any opinion on merits of the matter, this application is allowed.

It is directed that in the event of arrest of the applicant, she shall be enlarged on anticipatory bail upon her furnishing a personal bond in the sum of Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN DALAI Date: 2022.06.03 Rs.50,000/- (Rupees Fifty Thousand only) with one solvent surety in the like amount to the satisfaction of the Arresting Officer for her appearance before the Trial Court on all dates and for complying with the conditions enumerated under sub-section (2) of Section 438 of the Code of Criminal Procedure.

This application is allowed and stands disposed of.

Certified copy, as per Rules.

(SATYENDRA KUMAR SINGH)

V. JUDGE soumya Signature Not VerifiedDigitally signed by SAN SOUMYA RANJAN