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2020 DIGILAW 1197 (MP)

Firdaos v. State Of M. P.

2020-11-05

NANDITA DUBEY

body2020
JUDGMENT Nandita Dubey, J. - Heard. 2. This is the first bail application filed by the applicant under Section 438 of the Cr.P.C. for grant of anticipatory bail. The applicant apprehends her arrest in connection with Crime No.336/2020 registered at Police Station Harda, district Harda for the offences punsiable under Sections 342, 450, 376(2)(N), 506 and 114 of the I.P.C. 3. As per prosecution, the complainant/prosecutrix lodged a complaint on 27.08.2020, stating that husband of the present applicant has committed rape on her two months prior to the date of FIR and again tried to commit rape on 26.08.2020. The allegation against the present applicant is that she facilitated in committing the crime. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated. The prosecutrix and her parents are tenant in her house and not paying rent for the last six months. It is stated that when the husband of the applicant asked for the rent and asked them to vacate the house, a false case has been registered against them. 5. Learned counsel for the State has read out the MLC report, wherein it is clearly stated that no external or internal injury has been found on body of the prosecutrix. 6. On due consideration of the case diary statements, the MLC report and in the facts and circumstances of the case, I found it to be a fit case for grant of bail. 7. It is directed that in the event of arrest, applicant Smt. Firdaos shall be released on bail on her furnishing a personal bond in a sum of Rs. 50,000/- (Rs. Fifty Thousand only) . with one surety in the like amount to the satisfaction of arresting officer. 8. This order will remain operative subject to compliance of the following conditions by the applicant:- 1. The applicant will comply with all the terms and conditions of the bond executed by him; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during trial; 5. The applicant will not indulge himself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Police Officer, as the case may be; 4. The applicant will not seek unnecessary adjournments during trial; 5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; and 6. If the applicant commits any offence while being on anticipatory bail, then this order shall automatically stand cancelled without reference to the Court. 9. A typed copy of this order be forwarded by the Registry to the Office of the Advocate General and to Mr. Sheetal Tiwari, learned Panel Lawyer, on their respective email addresses, for intimation to the police station concerned. 10. Certified copy/e-copy as per rules/directions.