MCRC/51437/2018 of MAHILA SAYIN QUERESHI Vs THE STATE OF MADHYA PRADESH on 31 December 2018

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HIGH COURT OF MADHYA PRADESHMCRC No.51437/2018(Mahila Sayin Quereshi Vs The State of M.P.)

Gwalior, Dated : 31.12.2018

Shri Prashant Sharma, learned counsel for the applicant.

Shri N.S.Kirar, learned Public Prosecutor for the respondent/State.With consent heard finally.

This is the first bail application under Section 438 of Cr.P.C.preferred by the applicant for the alleged offences registered at CrimeNo.376/2018 at Police Station Raghogarh, District Guna, punishable underSections 354, 341, 323, 294, 506, 34 and 376 of IPC.

It is the submission of counsel for applicant that perusal ofcontents of F.I.R. itself indicates that offence under Section 354 and 376of IPC is not made out. It is the submission of counsel for the applicantthat a false case has been registered against the applicant. In fact,another co-accused Parvez Khan is the son of complainant. Complainanttried to implicate the present applicant. Initially, she was not arrayed asan accused on the basis of contents of F.I.R. and the case was notregistered against the present applicant. Later on, on the basis ofstatement recorded under Section 161 of Cr.P.C. of the complainant, casehas been registered against the present applicant. She is a lady aged 39years and would not abscond and flee from justice in case anticipatorybail is granted. Confinement would bring social disrepute and personalinconvenience to the applicant. She undertakes to cooperate in theinvestigation and would make herself available as and when required forinvestigation. Another co-accused Parvez Khan has already been enlargedon anticipatory bail vide order dated 09.10.2018 passed in M.Cr.C.No.39003/2018. Therefore, she seeks parity.

Learned Public Prosecutor for the respondent/State opposed theprayer and prayed for dismissal of application.

Heard the learned counsel for the parties and perused the casediary.

In the fact situation of the case, considering the submissions made HIGH COURT OF MADHYA PRADESHMCRC No.51437/2018(Mahila Sayin Quereshi Vs The State of M.P.)

by counsel for the applicant, without expressing any opinion on merits ofthe case, this Court deems it appropriate to allow this application filed byapplicant.

It is hereby directed that in the event of arrest, the applicantMahila Sayin Quereshi shall be released on bail on her furnishing apersonal bond of Rs.25,000/- (Rupees Twenty Five ThousandOnly) with one solvent surety of the like amount to the satisfaction ofArresting Officer/Investigating Officer.

This order will remain operative subject to compliance of thefollowing conditions by the applicant :-