(1.) This is first application under Sec. 438 of the Cr.P.C filed by the applicant who is a lady aged 25 years apprehending her arrest in connection with Crime No.294/2023, registered at Police Station- Bairad, District Shivpuri for the offence punishable under Ss. 307, 294, 506, 34 of IPC and extended Ss. 324, 325, 326 of IPC.
(2.) It is the submission of learned counsel for applicant that applicant who is a lady aged 25 years apprehending her arrest on the basis of registration of offence as referred above. It is further submitted that because of illegal meter connection by complainant side from the electricity line of the applicant, this dispute erupted. It was a case of sudden provocation per se. Role of applicant is confined to inflicting Lathi blow to one Siya Bai who sustained injury. However, it is not clarified about the exact nature of injury received by Siya Bai from blow of applicant because three other co-accused have also allegedly inflicted Lathi blow over Siya Bai. Applicant is a mother of two children. Applicant does not bear any criminal record. Confinement may bring social disrepute and personal inconvenience and problem to children to maintain. Applicant undertakes to cooperate in investigation/trial and shall not be a source of embarrassment and harassment to the complainant in any manner. Under these grounds, he prayed for anticipatory bail.
(3.) Learned counsel for the respondent/State opposed the prayer and prayed for dismissal of application. However, he fairly submits that applicant does not bear any criminal record.