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2022 DIGILAW 659 (MP)

Seema Sahu v. State of Madhya Pradesh

2022-04-23

DEEPAK KUMAR AGARWAL

body2022
JUDGMENT Deepak Kumar agarwal, J. - The applicant is apprehending her arrest in connection with Crime No.90/2022 registered at Police Station Cantt. District Guna (MP) for the offence punishable under Sections 452, 294, 323, 324, 506, 342,147, 148 and 325, 326, 149 of IPC. In brief, the prosecution case is that on 04.02.2022 at 3 P.M., complainant Renna lodged a dehatinalshi with a.S.I. V.S. Parihar, at district hospital, Guna against Sandhya Sahu, Sachin, Rajkumari, Durgesh, Jagdish, Pappan, Lallo, Sangeeta, Seema, Rahul and Kabula that in the morning at 7 a.M., cleaning outside the house, in front of house garbage was there. She said that who has put the garbage. afterwards, accused Sandhya abusing her in philthy languages. She objected and came inside the house. Meahwile, accused Sandhya Sahu, Sachin, Rajkumari, Durgesh, Jagdish, Pappan, Lallo, Sangeeta, Seema, Rahul and Kabula came over there and caughthold of her husband. Sandhya assaulted with lathi on his head. Sachin assaulted by hasiya. Blood was oozing out. When she came to intervene, Sangeeta assaulted with lathi on her left hand. Lalaram and Charan Singh intervened. They threatened with dare consequences. On the basis of dehatinalshi, aforesaid offences bearing Crime No.90/22 was registered. Injured were treated. Fracture was found. accused persons were arrested. Statements were taken. Lathi and hasiya were seized. after investigation, charge-sheet has been filed. During investigation, applicant/accused Sema has been exonerated but during charge, learned Magistrate found prima facie charge against the applicant and arrest warrant has been issued. It is submitted by the counsel for the applicant that the applicant has been falsely implicated in the case. There is no likelihood of his absconding or tampering with prosecution case. She is ready and willing to abide by all conditions which may be imposed by this Court while granting anticipatory bail. Hence, it is prayed that the applicant may be enlarged on anticipatory bail. On the other hand, the application is opposed by State Counsel and prayed for its rejection. Looking to the totality of facts and circumstances without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Hence, it is prayed that the applicant may be enlarged on anticipatory bail. On the other hand, the application is opposed by State Counsel and prayed for its rejection. Looking to the totality of facts and circumstances without commenting on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. accordingly, the application is allowed and it is hereby directed that in the event of arrest, the applicant shall be released on bail on furnishing a personal bond in the sum of Rs.25,000/- (Rupees twenty five thousand only) with one solvent surety of the like amount to the satisfaction of Investigating Officer/arresting authority. The applicant shall cooperate in the trial and shall apply regular application before the trial Court as and when required. She shall further abide by the other conditions enumerated in sub-section (2) of Section 438 of Cr.P.C. With the aforesaid directions, the present application stands disposed of. Certified copy as per rules.