Madhya Pradesh High Court
MCRC/51739/2018 of BHAGWATIBAI Vs THE STATE OF MADHYA PRADESH on 31 December 2018
1 HIGH COURT OF MADHYA PRADESH: BENCH AT INDORE
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HIGH COURT OF MADHYA PRADESH: BENCH AT INDOREM.Cr.C. No.51739/2018Bhagwathi Bai v/s State of Madhya PradeshIndore, dated 31.12.2018
Parties through their cousnel.
This is first application filed by the applicant underSection 439 of the Code of Criminal Procedure, 1973 forgrant of bail.
The present applicant is in jail since 16.11.2018 inconnection with Crime No.1257/2018 registered at PoliceStation – Banganga, District – Indore for the offencepunishable under Section 304-B and 498-A of the IndianPenal Code.
Learned counsel for the applicant has argued beforethis Court deceased Laxmi was married to applicant's sonDinesh in the year 2010 and she committed suicide byjumbing before the train. It has been stated that after herdeath on the basis of omnibus allegation made by thefamily of the deceased, a criminal cased has been registeredand the entire family has been roped in. A prayer has beenmade for grant of bail, as the present applicant is a ladyaged about 60 years.
Learned Government Advocate for the State hasopposed the prayer for grant of bail. However, he has notdisputed the fact that the deceased has committed suicideby jumping before the train. He has read out the statementavailable in the case-diary.
This Court after careful consideration of the case-diary, after hearing learned counsel for the parties andwithout further commenting upon the merits of the case, isof the opinion that present bail application deserves to be allowed and is accordingly allowed.
Applicant – Bhagwati Bai W/o Sudamaprasad Sahuis directed to be released on bail on her furnishing personalbond in the sum of Rs.1,00,000/- (Rupees One LakhOnly) with one solvent surety in the like amount to thesatisfaction of the trial Court for her appearance before thesaid Court on the dates fixed in this behalf.
Certified copy, as per rules.
(S.C. Sharma)VacationJudge
Digitally signed by Ravi Prakash Date: 2018.12.31 15:45:56 +05'30'