Madhya Pradesh High Court

MCRC/49724/2020 of RADHA BAI Vs STATE OF M.P. on 31 December 2020

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MADHYA PRADESH :INDORE BENCH M.Cr.C. No.49724/2020 (Radha Bai Vs. State of

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HIGH COURT OF MADHYA PRADESH :INDORE BENCH M.Cr.C. No.49724/2020

(Radha Bai Vs. State of M.P.)

Indore dated :31.12.2020

Shri Javed Khan, learned counsel for the applicant.

Shri Tarun Pagare, learned Panel Lawyer for the non-applicant/State.

Heard through video conferencingon the question of grantof bail.

This is an application made by the applicant (accused)under Section 439 Cr.P.C. for grant of bail during trial.

Notice of this application was served on the Statecounsel. Case diary as per the direction of this Court hasbeen produced and it has been perused.

The applicant is facing trial for offence punishable underSection 306/34 of IPC registered with Police Station –Balakwada, District – Khargone(M.P.), in Crime no.272/2020.

Learned counsel for the applicant submits that theapplicant is the mother-in-law of the deceased and she isliving separately alongwith her husband Ratan Singh at Dhar.He further submits that the allegations which are made aregeneral and omnibus in nature and that Kalabai was marriedto his son Mukesh about 11 years back. He also submits thatthere is no eye-witnesses of the incident and that thehusband of the deceased namely Mukesh has been grantedbail by this Court by order dated 25/11/2020, passed inM.Cr.C. No.45792/2020 and the father-in-law namely RatanSingh has been granted bail by order dated 02/11/2020,passed in M.Cr.C. No.40259/2020, therefore, the applicant isalso entitled for bail on the ground of parity. He further HIGH COURT OF MADHYA PRADESH :INDORE BENCH

M.Cr.C. No.49724/2020(Radha Bai Vs. State of M.P.)

submits that the applicant is in custody since 06/09/2020.Investigation is complete, challan has been filed and trial islikely to take time.

Learned Panel Lawyer for the State has opposed theapplication for grant of bail.

On perusal of the case diary and considering thecircumstances of the case, I find prima facie force in thesubmissions made by the counsel for applicant. Hence, I amof the considered view that the application for grant of baildeserves to be allowed and is accordingly allowed.

The applicant is directed to be released on bail on herfurnishing a personal bond in the sum of Rs.35,000/-(Rupees Thirty Five Thousand) with one surety in the likeamount to the satisfaction of the Trial Court for herappearance as and when directed.

The applicant will attend each hearing of her trial beforethe Trial Court out of which this bail arises. Any default inattendance in Court would result in cancellation of the bailgranted by this Court.

Certified copy as per rules.

(PRAKASH SHRIVASTAVA) Vacation Judge

pn

Digitally signed by Preetha Nair Date: 2020.12.31 16:31:48 +05'30'

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