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Madhya Pradesh High Court · body

2014 DIGILAW 1316 (MP)

Jeevan Bai v. State of M. P.

2014-10-13

N.K.GUPTA

body2014
JUDGMENT 1.Heard the learned counsel for the parties. 2. The applicant has an apprehension of his arrest relating to crime No. 222/2014 registered at Police Station A.J.K., District Khandwa for offence punishable under Sections 302, 294, 323, 147, 148 of IPC and Section 3 (2) (v) of SC/ST (Prevention of Atrocities) Act, 1989. 3. Learned counsel for the applicant submits that the applicant is a reputed citizen of the locality, who has no criminal past alleged against him. It was alleged against the accused Pratap that he assaulted the deceased Vijay by a stick. There is no allegation against the applicant that she participated in the assault caused to the deceased Vijay. Under such circumstances, no offence under Section 302 of IPC and Section 3 (2) (v) of SC/ST (Prevention of Atrocities) Act is made out against the applicant either directly or with help of Section 34 or 149 of IPC. Remaining offences are bailable. The police is unnecessarily harassing the applicants. Under such circumstances, the applicant prays for bail of anticipatory nature. 4. Learned Panel Lawyer for the State opposes the application. Keeping in view the submissions made by learned counsel for the parties and the facts and circumstances of the case, without expressing any view on the merits of the case, I am of the view that the applicant may be enlarged on anticipatory bail. 5. Consequently, her application under Section 438, Cr.P.C. is hereby allowed. It is directed that in the event of arrest, present applicant Smt. Jeevan Bai, each shall be released on bail on each furnishing a personal bond in the sum of Rs. 35,000/- (Rupees thirty five thousand) with a solvent surety in the like amount to the satisfaction of the Arresting Authority (Investigation officer). 6. The applicant shall make herself available for interrogation by a police 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. 7. This order shall remain in force for a period of 60 days and in the meanwhile, if the applicant so desires, may move an application for regular bail before the competent Court. Certified copy as per rules.