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Judgment
Sanjay Dwivedi, J
This is the first application filed by the applicant under Section 438 of the Code of Criminal Procedure for grant of anticipatory bail.
The applicant is apprehending her arrest in Crime No.17/2021 registered at Police Station Tawanagar, District Hoshangabad for the offence
punishable under Sections 420 and 120-B of the Indian Penal Code.
Learned Panel Lawyer submits that the case diary is not available. However, looking to the order sheet dated 04.05.2021 in which it had been made
clear that if on the next date the case diary will not be available, then the matter shall be heard on the basis of material available on record, therefore,
it is heard finally.
Learned counsel for the applicant submits that as per the allegation, the applicant at the time of delivery got the name of earlier husband registered as
the father of the child whereas divorce had already been taken place and there was no occasion for getting the name of earlier husband enrolled as
the father of the child. He submits that under some misconception the said entry got made by the sister of the applicant and that was later on
corrected, therefore, false offence has been registered against the applicant. He submits that the applicant is innocent and has falsely been implicated
in the offence. On these submissions he prays that the applicant may be enlarged on anticipatory bail.
On the other hand, learned Panel Lawyer opposed the prayer made by learned counsel for the applicant.
Considering the aforesaid, without commenting anything on the merits of the case, I am inclined to consider and allow this bail application.
Accordingly, the same is allowed.
It is directed that in the event of arrest, the applicant be released on bail upon her furnishing a bail bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) with one solvent surety of the like amount to the satisfaction of the Station House Officer/Arresting Officer of the Police Station
concerned.
The applicant shall abide by the conditions enumerated under Section 438 (2) of the Code of Criminal Procedure.
Certified Copy as per rules.