M.Cr.C. No.7618/2010
06.09.2010
Shri Vipin Yadav, Advocate for the applicants.
Shri Akhilendra Singh, Public Prosecutor for
the respondent/State.
Heard on IA No.14800/2010, an application for
urgent hearing.
Since the case diary is available, the application
is allowed.
Also heard both the parties.
Case diary of Crime No.32/2010 registered at
Police Station Palera District Tikamgarh for the
offence punishable under Sections 379, 435 read
with Section 34 of IPC is perused.
The applicants are apprehending their arrest in
the aforesaid crime.
Learned counsel for the applicants submits that
actually there was a dispute about the ownership
and possession of the land. The applicants were in
possession of the land and crops were sown by the
applicants, therefore it was not possible to steal the
crops and to burn the same. The applicants had filed
a counter complaint, but the police did not take care
of that complaint, because the names of the
complainant party were mentioned in the revenue
record. A false case has been registered against the
applicants. The applicants are reputed citizen of the
locality. They are house-wives. Their names are
indulged in the alleged crime without any basis,
therefore they pray for anticipatory bail.
Learned Public Prosecutor 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, I am of the view that this
is a fit case for grant anticipatory bail to the
applicants. Consequently, this application under
Section 438, Cr.P.C. is hereby allowed. It is directed
that in the event of arrest, applicants Smt.
Pankuvar, Smt. Mayadevi and Smt. Geeta Yadav
shall be released on bail on furnishing a personal
bond in the sum of Rs.30,000/- (Rupees thirty
thousand) each with a solvent surety in the like
amount to the satisfaction of the Arresting Authority.
The applicants shall further abide by the
conditions enumerated in sub-Section (2) of Section
438 of Cr.P.C.
This order shall remain in force for a period of
30 days and in the meanwhile, if the applicants so
desire, may move an application for regular bail
before the competent Court.
C.C. as per rules.
(N.K.Gupta)
Judge
Ansari