IN THE HIGH COURT OF MADHYA PRADESH

AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 26th OF DECEMBER, 2022
MISC. CRIMINAL CASE No. 60134 of 2022

BETWEEN:-

MAJHARI KHATOON W/O TASAMUDDIN, AGED

ABOUT 51 YEARS, OCCUPATION HOUSEWIFE, R/O
VIRAT NAGAR AGRA ROAD, DISTRICT UJJAIN
(MADHYA PRADESH)
.…APPLICANT
(BY SHRI PRADEEP SINGH CHOUHAN - ADVOCATE)

AND

THE STATE OF MADHYA PRADESH, THROUGH

POLICE STATION HARSOOD, DISTRICT KHANDWA
(MADHYA PRADESH)

.....RESPONDENT
(BY SHRI VIVEK LAKHERA - GOVERNMENT ADVOCATE)
--------------------------------------------------------------------------------------
This application coming on for admission this day, the court
passed the following:
ORDER
This is first application under Section 438 of Cr.P.C. for grant of
anticipatory bail.

Signature Not Verified

Signed by: ASHISH KUMAR
JAIN
Signing time: 12/27/2022
12:28:33 PM
 2

2. The applicant apprehends her arrest in Crime No.468/2022

registered by Police Station-Harsood, District-Khandwa for offence
punishable under Section 306/34 of IPC.
3. It is alleged that the applicant has been falsely implicated in the
case. She has not committed the offence in any manner. She is ready to
cooperate with the investigation. The applicant is the first offender. It is
submitted by the learned counsel for the applicant that none of the
ingredient of Section 107 of IPC is available in the prosecution story,
therefore, no offence under Section 306 of IPC is made out by placing
reliance upon the judgments passed by Hon'ble the Supreme Court in
the case of Sanju @ Sanjay Singh Sengar vs State of M.P. reported in
2002 Vol.5 SCC 371 and in the case of Gurucharan Singh Vs. The
State of Punjab reported in 2020 (10) SCC 200, wherein it is held that
for commission of offence under Section 306 of IPC, the ingredients of
Section 107 of IPC are required to be fulfilled. She is ready of abide by
all the terms and conditions that may be imposed by this Court while
considering this anticipatory bail application. On these grounds, a
prayer for grant of anticipatory bail is made out.
5. Per contra, counsel for the State has vehemently opposed the bail
application stating therein that there is active participation of the
applicant in commission of the offence, but he could dispute the fact
that the applicant is the first offender.
6. Considering the overall facts and circumstances of the case and
in view of the judgments relied upon by the learned counsel for the
applicant, without commenting upon the merits of the case, this Court
deems it appropriate to allow this application for grant of anticipatory
bail subject to verification of the fact that the applicant is the first

Signature Not Verified

Signed by: ASHISH KUMAR
JAIN
Signing time: 12/27/2022
12:28:33 PM
 3

offender. In the event of arrest, the applicant is directed to be released

on bail on furnishing a surety bond in the sum of Rs.50,000/- (Rupees
Fifty thousand only) with one local solvent surety in the like amount
to the satisfaction of Arresting Officer.
7. This order will remain operative subject to compliance of the
following conditions by the applicant :-
1. The applicant/s will comply with all the terms and
conditions of the bond executed by them;
2. The applicant/s will cooperate in the
investigation/trial, as the case may be;
3. The applicant/s will not indulge
himself/themselves in extending inducement, threat or
promise to any person acquainted with the facts of the
case so as to dissuade them/her/him from disclosing such
facts to the Court or to the Police Officer, as the case may
be;
4. The applicant/s shall not involve any other offence,
in case the applicants/s indulge in any other criminal case
the benefit of bail as extended by this Court shall
automatically cancelled.
5. The applicant/s will not seek unnecessary
adjournments during the trial;
6. The applicant/s will not leave India without
previous permission of the trial Court/Investigating
Officer, as the case may be.

Signature Not Verified

Signed by: ASHISH KUMAR
JAIN
Signing time: 12/27/2022
12:28:33 PM
 4

7. If the applicant is found involved in any case

except present one, his bail shall stand rejected without
any reference to the Court;
8. The applicant/s will inform the concerned S.H.O.
of concerned Police Station about his/their residential
address in the said area and it would be the duty of the
Public Prosecutor to send E-copy of this order to SHO of
concerned police station as well as Superintendent of
Police concerned who shall inform the concerned SHO
regarding the same.
8. Accordingly, the application stands allowed.
Certified copy as per rules.

(VISHAL MISHRA)
V. JUDGE

@shish

Signature Not Verified

Signed by: ASHISH KUMAR
JAIN
Signing time: 12/27/2022
12:28:33 PM