Anjali vs State Of Madhya Pradesh

Satyendra Kumar Singh, J

This petition filed under section 482 of the Cr.P.C has been preferred against the order dated 21.04.2022 passed by the Court of Additional District Judge, Badnawar District Dhar in bail application bearing crime no.47/2022, whereby while allowing the applicant's bail application under section 439 of the Cr.P.C for grant of bail an additional condition was imposed upon her to mark her presence before the concerned police station on every 15th day of the month between 10:00 am to 12:00 pm during the pendency of the trial.

The brief facts of the case giving arise to this petition are that on 11.02.2022, when the complainant Ranjana was going to attend the Diksha Samaroh at Nahar Warehouse, the applicant alongwith other co-accused persons stolen her gold chain. She lodged FIR at police station Nagda PS Kanwan District Ujjain wherein during the investigation, her stolen chain was recovered from co-accused and it was found that the applicant was also involved in the crime. After the investigation, the charge sheet was filed against the applicant and the co-accused persons. The applicant moved an application under section 439 of the CrPC before the trial Court which was rejected. The applicant thereafter, moved an application under section 439 of the Cr.P.C bearing Bail Application No.47/2022 before the Court of Sessions Judge, which was allowed with a condition that applicant shall mark her presence before the concerned police station on every 15th day of the month between 10:00 am to 12:00 pm during the pendency of the trial.

Learned counsel for the applicant submits that as per the prosecution case itself, the stolen gold chain was not recovered from the possession of the applicant and she has been implicated in the matter only on the basis of memorandum statement of the co-accused. She is a pregnant lady and it is very difficult for her to mark her presence at the concerned police station on every 15th day of the month between 10:00 am to 12:00 pm till the pendency of the trial.The aforesaid condition was imposed only because the same condition was imposed by this court while granting bail to other co-accused persons. In view of the aforesaid, considering the medical exigency, the condition to mark her presence upon the applicant be modified.

Learned counsel for the respondent/state has opposed the prayer.

I have heard learned counsel for the parties and have perused the record.

As per the prosecution case itself, the gold chain said to have been stolen by the applicant and co-accused persons have not been recovered by the applicant. The medical reports submitted by the applicant shows that she is pregnant lady. The charge sheet has been filed in the matter. The prosecution has not submitted any past criminal record of the applicant.

Considering the aforesaid, the present application is allowed and the condition no.2 whereby the applicant was directed to mark her presence before the concerned police station on every 15th day of the month between 10:00 am to 12:00 pm during the pendency of the trial stands deleted.

The office is directed to return the original report with regard to the treatment of the applicant to the learned counsel for the applicant by replacing the same with photocopy of the reports.