Madhya Pradesh High Court
MCRC/52794/2018 of BHANWARKUA BAI Vs THE STATE OF MADHYA PRADESH on 31 December 2018
Madhya Pradesh, Jabalpur Bench at Indore Miscellaneous Criminal
High Court of Madhya Pradesh, JabalpurBench at Indore Miscellaneous Criminal Case No.52794/2018(Bhanwarkua Bai w/o Shiv Singh VersusThe State of Madhya Pradesh)
Indore, Dated 31.12.2018
Mr. Manoj Saxena, learned counsel for theapplicant.
Ms. Archana Kher, learned Public Prosecutor forthe non-applicant / State of Madhya Pradesh.
Heard with the aid of case diary.
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O R D E R
Applicant Bhanwarkua Bai w/o Shiv Singh hasfiled this first bail application under Section 439 of theCode of Criminal Procedure, 1973 before the HighCourt in connection with Crime No.405/2018 underSection 302/34 of the Indian Penal Code, 1860registered at Police Station Talen, District Rajgarh(Biaora) (MP). She is in custody since 16.10.2018.
Prosecution case, in brief, is that on 14.10.2018Rajendra Singh @ Babu and Virendra Singh @ Lalathrottled and killed Shankar Singh. Allegation againstthe present applicant is that she instigated both theother co-accused persons stating that Shankar Singhhas insulted and beaten her, and therefore, kill him;else, she will die.
Considering the evidence available in the casediary, Dehati Nalishi, statement of the witnesses Pithawe RC
recorded during investigation, and other facts andcircumstances of the case, I deem it proper to releasethe accused / applicant on bail. Therefore, withoutcommenting on merits of the case, the application isallowed.
It is directed that applicant Bhanwarkua Bai w/o Shiv Singh be released from custody on herfurnishing a personal bond in the sum ofRs.30,000/- (Rupees Thirty Thousand Only)with one solvent surety to the satisfaction of the TrialCourt for her appearance before the Trial Court, asand when required further, subject to the followingconditions :-
(i) The applicant shall co-operate with the trial andshall not seek unnecessary adjournments on frivolousgrounds to protract the trial;
(ii) The applicant shall not directly or indirectly allureor make any inducement, threat or promise to theprosecution witnesses, so as to dissuade him / her fromdisclosing truth before the Court;
(iii) The applicant shall not commit any offence orinvolve in any criminal activity; and,
(iv) In case of his / her involvement in any othercriminal activity or breach of any other aforesaidconditions, the bail granted in this case may also becancelled.
5. Miscellaneous Criminal Case No.52794/2018.stands disposed of (Virender Singh)
Vacation Judge