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Madhya Pradesh High Court · body

2022 DIGILAW 1215 (MP)

Anita Sharma v. State of M. P.

2022-09-29

ANAND PATHAK

body2022
ORDER 1. Heard on I.A.No.15505/22, an application filed under section 301(2) of Cr.P.C. for seeking permission to assist the prosecution. 2. For the reason mentioned in the application, the same is allowed. 3. Shri S.S. Dhakad, Advocate, is permitted to assist the learned Additional Advocate General. 4. This is the first application under section 438 of the Cr.P.C filed by the applicant who is apprehending her arrest in connection with Crime No.796/2022, registered at Police Station- Civil Line Morena, District Morena, for the offences punishable under sections 304-B, 498-A, 34 of IPC. 5. Applicant is a lady aged 39 years is a Govt. employee (Aanganwadi Karyakartha) apprehending her arrest on the basis of registration of offence as referred above. 6. It is the submission of the applicant that she is a Govt. employee and chances of absconsion is remote and facing implication on the basis of omnibus allegations. Husband and father-in-law of the deceased have already been surrendered. Applicant being lady aged 39 years, chance be given for course correction and to take care of her family. She is a widow. Confinement may bring social disrepute and personal inconvenience. She undertakes to cooperate in the investigation/trial and keep herself available as and when required. Under these grounds, he prayed for bail. 7. Learned Public Prosecutor for the State as well as the counsel for the complainant opposed the prayer and pray for dismissal of the bail application. 8. Heard learned counsel for the parties and perused the documents appended thereto. 9. Considering the submissions of learned counsel for the parties especially the fact that applicant is a a lady aged about 39 years, therefore, a chance be given to her for course correction, therefore, this Court is inclined to allow the application under Section 438 of Cr.P.C. It is directed that applicant shall be released on bail in case of her arrest on furnishing personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand Only) with one solvent surety in the like amount to the satisfaction of Arresting Authority/Investigating Officer. 10. 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 her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. 10. 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 her; 2. The applicant will cooperate in the investigation/trial, as the case may be; 3. The applicant will not indulge herself in extending inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her 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 the trial; 5. The applicant will not leave India without previous permission of the trial Court/Investigating Officer, as the case may be; Application stands allowed and disposed of. Copy of this order be sent to the trial Court concerned for compliance. Certified copy as per rules/directions.